APPLICANT REQUESTS: That his DD Form 214, Report of Separation, be corrected to reflect that he was awarded the Purple Heart for wounds sustained in Vietnam.
APPLICANT STATES: That while in a night defensive position on 16 June 1968 his unit was about to be overrun by the enemy. Friendly artillery fire was called in on their own position and he was wounded.
EVIDENCE OF RECORD: The applicant's military records show:
He was inducted on 17 October 1967. After completing 10 months of service, he reenlisted while serving in Vietnam. He ultimately served 11 months and 27 days there as a light weapons infantryman. He was honorably discharged upon completion of his term of service on 10 September 1971.
His awards include the Army Commendation Medal with V device and oak leaf cluster, the Vietnam Service Medal, the Vietnam Campaign Medal, the Combat Infantryman Badge and the Expert Badge with rifle bar.
His records do not reflect that he was treated for any wounds while serving in Vietnam.
The VA during a rating decision examination concerning his claim that he had shrapnel wounds to the right shoulder and abdomen notes that his service medical records including his separation examination are negative for wounds. The history of the scars was related by the applicant himself. The VA determined that scars did exist and accepted the applicants explanation as to how they occurred.
Army Regulation 600-8-22, Military Awards, provides in pertinent part, that the Purple Heart is awarded for a wound sustained as the result of hostile action. Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record. Individuals wounded or killed as a result of friendly fire may be awarded the Purple Heart as long as the friendly projectile or agent was released with the full intent of inflicting damage or destroying enemy troops or equipment.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:
1. Based upon the available records, there is no conclusive evidence that the applicant suffered any wounds or injuries during his service that would qualify him for award of the Purple Heart.
2. The findings by the VA concerning the cause of the scars on his right shoulder were made considerably after-the-fact and were based solely upon the applicants own statement. Unfortunately, this does not provide the independent confirmation necessary to justify award of the Purple Heart.
3. In view of the foregoing, there appears to be no basis for granting the applicants request.
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.
BOARD VOTE:
GRANT
GRANT FORMAL HEARING
DENY APPLICATION
Karl F. Schneider
Acting Director
ARMY | BCMR | CY2008 | 20080014564
The applicant states that he was wounded in combat in the Republic of Vietnam (RVN) and he was not issued a Purple Heart. Given the above, and in the absence general orders in the applicants records to show he was awarded the Purple Heart, there is insufficient evidence to show how the applicant sustained his right shoulder shrapnel wound. Although, the DVA may grant service connection to the applicant for his shrapnel wound, this action does not establish entitlement to the Purple Heart.
ARMY | BCMR | CY2008 | 20080011917
However, there is no evidence of record which verifies his injuries were a result of hostile action in Vietnam. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding the Purple Heart for wounds sustained in July 1969 and showing this award on his DD Form 214. ______________________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military...
ARMY | BCMR | CY2006 | 20060009461
The Board considered the following evidence: Exhibit A - Application for correction of military records. They also show, in pertinent part, that the DVA effectively awarded service connection for these scars based upon the applicants award of the Combat Infantryman Badge. There is no evidence in the applicants available military or medical records which conclusively shows that he was wounded as a result of hostile action or friendly fire.
ARMY | BCMR | CY2010 | 20100024885
He provided various records of medical care that show he sustained an injury during the discharge of a claymore mine by friendly forces and received medical treatment for this injury. Therefore, there is sufficient evidence to show he was wounded in action in Vietnam on or around 4 May 1970 which would entitle him to award of the Purple Heart and correction of his records to show this award. As a result, the Board recommends that all Department of the Army records of the individual...
ARMY | BCMR | CY2006 | 20060001070C070205
There are no orders in the applicant’s service personnel record which show that he was awarded the Purple Heart. This ruling, in effect, granted the Service Secretaries the authority to award the Purple Heart to individuals directly engaged in armed conflict that were killed or wounded as a result of "friendly fire." Therefore, in the absence of official documentary evidence substantiating medical treatment of the applicant's wounds, there is insufficient evidence upon which to base award...
ARMY | BCMR | CY2010 | 20100026430
No combat injuries or wounds are recorded on his medical records; however, an entry "scar to left leg" was entered on his Standard Form 88 (Report of Medical Examination). In this case, the applicant's name is not shown on the Vietnam casualty roster, his DA Form 20 is not available for review, his service record is void of any orders that show he was awarded the Purple Heart, his record is void of any official Army telegrams or Western Union telegrams, and there is no conclusive evidence...
ARMY | BCMR | CY2014 | 20140017773
Personnel wounded as a result of non-hostile action who are not placed on hospital's very seriously injured lists are not reported as casualties in accordance with current regulations. Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record. There is no available evidence and he did not provide sufficient evidence...
ARMY | BCMR | CY2009 | 20090003607
Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart (PH) is awarded for a wound sustained as a result of hostile action. In accordance with Title 10, U.S. Code, section 1129 for award of the Purple Heart, the Secretary of the Army will treat a member of the Armed Forces described in ( a ), below, in the same manner as a member who is killed or wounded in action as the result of an act of an enemy of the United States. There are no orders awarding...
ARMY | BCMR | CY2002 | 2002075404C070403
In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice. APPLICANT STATES : He was...
ARMY | BCMR | CY2012 | 20120023010
He provides eyewitness statements from fellow Soldiers attesting the applicant ignored his own two wounds to treat wounded Soldiers on 30 June 1970. There is no evidence of record which shows he was wounded as a result of hostile action in Vietnam. Regrettably, in the absence of corroborating evidence showing he was wounded as a result of friendly fire in Vietnam, the eyewitness statements provided by the applicant are not sufficient as a basis for awarding the Purple Heart.