APPLICANT REQUESTS: That his military records be corrected to reflect that he was awarded the Purple Heart. In support of his request, he provides two statements from alleged former members of his unit in Vietnam.
APPLICANT STATES: That he was not awarded the Purple Heart at the time of his injury.
EVIDENCE OF RECORD: The applicant's military records show:
He was inducted on 22 November 1965 and after training as a heavy vehicle driver served 11 months and 9 days in Vietnam. He was honorably discharged on 31 August 1967 in pay grade E-4.
His DD Form 214, Report of Transfer or Discharge, shows that he was awarded the National Defense Service Medal, the Vietnam Campaign Medal, the Vietnam Service Medal and the Expert Badge with rifle bar. There is no entry to show that he was awarded the Purple Heart.
The applicants enlisted qualification record contains no entries under the section for wounds to show that he suffered any wounds during his service. Likewise, there are no notations elsewhere in his records alluding to wounds received during his service.
The statements provided in support of his request are virtually identical statements indicating that he was wounded following a mortar attack on his unit during the summer of 1967. These statements indicate that the concern at the time was for the seriously wounded and, therefore, the applicant did not receive treatment for his wounds.
Army Regulation 600-8-22, Military Awards, provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a 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.
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. There is no documentary evidence in the available records to substantiate that he was wounded as the result of hostile action in Vietnam.
2. The statements provided in support of his request are exact replicas except that they have been signed by two different affiants. Each statement, however, provides exactly the same facts and circumstances (to include pertinent quotations) and gives the impression that they were centrally prepared and the affiants were asked to sign them. It is significant to note that the statements appear to attest to information provided by the applicant, rather than providing the affiants independent declaration of the facts in the matter.
3. Notwithstanding the statements, the evidence in this case is too unconvincing to support awarding the Purple Heart.
4. 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 | CY2011 | 20110014356
His complete service medical record is not available to the Board for review. the SF 88 shows the entry "Fragment in eye, mortar explosion, S. Vietnam, 1968." The available documentation shows the applicant had a fragment in his eye.
ARMY | BCMR | CY2005 | 20050005794C070206
Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not list the award of the Purple Heart. Therefore, based on the evidence provided, he is entitled to the award of the Purple Heart for wounds sustained on 10 November 1967. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the following: a. by awarding him the Purple Heart...
ARMY | BCMR | CY2001 | 2001064754C070421
While the Board has no reason to doubt the applicant’s statement that he was injured while engaged in combat and is entitled to the Purple Heart, documentary evidence is required to correct a military record. Evidence of record shows that the applicant served in four campaigns during the Vietnam War. Therefore, he is entitled to wear four bronze service stars affixed to his Vietnam Service Medal and is entitled to correction of his records to shows these service stars.
ARMY | BCMR | CY2009 | 20090019288
Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained as a result of hostile action. Evidence shows the applicant suffered a mortar wound to the left knee on 17 April 1967 as a result of hostile action that was treated by the appropriate medical personnel. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 24 of his DD Form 214 the Vietnam Service...
ARMY | BCMR | CY2002 | 2002082222C070215
There is no evidence in the available records which shows that the applicant was awarded the Purple Heart or was wounded as a result of hostile action in Vietnam. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action. That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the first award of the Good Conduct...
ARMY | BCMR | CY2008 | 20080019782
Therefore, it would be appropriate to award the applicant the first award of the Good Conduct Medal and correction of his records to show this award. Record shows the applicant was awarded the Vietnam Service Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Purple Heart for wounds received on 2 October 1967 and the Army Good Conduct Medal (first award) for the period 8 November 1966 through 14...
ARMY | BCMR | CY2013 | 20130018515
The applicant requests award of the Purple Heart and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Purple Heart and Bronze Star Medal with "V" Device. Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout his military service. Although the applicant provided medical records that show he was treated in Vietnam for injuries...
ARMY | BCMR | CY2002 | 2002075953C070403
The applicant states he was awarded the Purple Heart on April 22, 1966 and that the award is reflected in his records. There are no orders in the applicant’s service personnel records, which show that he was awarded the Purple Heart. The applicant’s DA Form 20 (Enlisted Qualification Record), item 40 (Wounds), does not contain an entry.
ARMY | BCMR | CY2014 | 20140006727
Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action. This is accepted as sufficient evidence to correct his DD Form 214 to show his DOB as 24 May 1946. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * amending his DD Form 214 by deleting the current DOB and adding the DOB as it is listed on his birth...
ARMY | BCMR | CY2004 | 20040001533C070208
The applicant stated that he was wounded in April 1967; however, there are no medical documents prepared at that time showing that he was wounded in action. The only medical evidence available is the undated document that he submits with his request, in which he stated that he was treated in December 1967. The evidence shows that the applicant’s record contains administrative error that does not require action by the Board.