APPLICANT REQUESTS: That his DD Form 214, Report of Separation, be corrected to show that he was awarded the Purple Heart and the Bronze Star Medal (BSM) for wounds received in Vietnam.
APPLICANT STATES: That the Purple Heart was awarded to him on 14 May 1970 and shortly thereafter, he was informed that he would receive the BSM but that award never occurred. In support of his request, he furnishes a copy of a certificate for the Purple Heart dated 14 May 1970 identifying him as the recipient.
EVIDENCE OF RECORD: The applicant's military records show:
He was inducted on 17 June 1969 and served 6 months and 15 days in Vietnam as a light weapons infantryman. He was honorably discharged upon completion of his term of service on 8 February 1971.
His enlisted qualification record shows that he was wounded in the right thigh on 12 May 1970. The records do not reflect any other wounds suffered while serving in Vietnam, nor is there any evidence that he was recommended for or awarded the BSM.
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.
The same regulation provides, in pertinent part, that the Bronze Star Medal is awarded to any person who, while serving in any capacity in or with the Army of the United States after 6 December 1941, distinguished himself by heroic or meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy; or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.
Policy guidance concerning military awards states that the primary requirement for award of a decoration is that a formal recommendation be prepared and introduced into official military channels within 2 years of the act, achievement, or service to be recognized. The sole exception to the 2-year time limit occurs when there is conclusive evidence that a formal recommendation was submitted but was lost, or through inadvertence was never acted on by proper authority.
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. After examining the available records, there is no evidence that the applicant was recommended for or awarded the BSM, or that a recommendation for that award was lost or inadvertently not acted upon.
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.
NOTE: Concerning the Purple Heart certificate submitted with his application, it appears to be authentic and is consistent with the fact that he was wounded, as recorded elsewhere in his records. Accordingly, the Reserve Personnel Center will be requested to correct his DD Form 214 to reflect that he was awarded the Purple Heart for wounds suffered in Vietnam.
BOARD VOTE:
GRANT
GRANT FORMAL HEARING
DENY APPLICATION
Karl F. Schneider
Acting Director
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