APPLICANT REQUESTS: That he be awarded the Purple Heart for an injury sustained during a mortar attack in Vietnam.
APPLICANT STATES: In effect, he should have been awarded the Purple Heart for wounds he received as a result of a mortar attack while in Vietnam. That he has not had any success in obtaining proof that Camp Holloway, Vietnam was under attack by mortars on the day he sustained the injury 31 May 1969. In support of his claim he submits three pages of his medical records and the entry on 31 May 1969 reads two and 1/2 inch minor laceration and the words Purple Heart requested is written on the left side of the entry.
EVIDENCE OF RECORD: The applicant's military records show:
He entered active duty on 21 August 1967. Following his training as a helicopter repairman he served with the 179th Aviation Company in Vietnam from August 1968 to August 1969. He was separated as a Private on 20 August 1970 with an honorable discharge at the expiration of his term of service. He had 3 years and 6 days active duty service.
There is no evidence in the records of an order for the Purple Heart nor is the applicants name listed on the Vietnam casualty roster. There is no entry about an injury on the applicants DA Form 20, Enlisted Qualification Record which he signed and authenticated as correct on 4 March 1970 prior to separation.
The medical records submitted by the applicant reveal that on 31 May 69 a Specialist Four, medic, ambulance driver treated the applicant for a two and a half inch minor laceration with dressing and a bandage at the unit dispensary. An entry on 2 June 1969 states dressing change for a minor scratch.
In August 1996 the Department of Veterans Affairs responded unfavorably to the applicants request regarding a claim for service connected pneumonia, post traumatic stress disorder, and hepatitis.
Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for wounds 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. The applicant does not meet the basic requirements for award of the Purple Heart.
2. There is no convincing evidence in the applicants service records or in the copies of medical records he furnished that a wound was sustained as a result of hostile action, or that the injury was treated by a medical officer. The evidence submitted in order to support the fact that a purple heart was requested is questionable and cannot be verified.
3. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy the aforementioned requirement.
4. In view of the foregoing, there is 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 | CY1995 | 9510991C070209
The VA found on 27 August 1990 that the applicant suffered from service connected laceration injuries to both feet. While the evidence of record shows that the applicant sustained an injury while in Vietnam, it does not show that the injury was the result of hostile enemy action. Based on the available personnel and medical records, there is no evidence that he suffered a combat related injury that would qualify him for award of the Purple Heart.
ARMY | BCMR | CY2011 | 20110009496
Therefore, there is sufficient evidence to award him the Purple Heart for wounds received in action on 12 May 1969. Therefore, there is sufficient evidence to award him a second Purple Heart for wounds received in action on 26 August 1969. 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 in action in the Republic of Vietnam on 12 May 1969; b. awarding him the Purple...
ARMY | BCMR | CY2008 | 20080019119
IN THE CASE OF: BOARD DATE: 21 August 2008 DOCKET NUMBER: AR20080009119 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20070014264, on February 26, 2008. In the absence of evidence that the applicant was wounded or injured as a result of hostile action and treated for those wounds,...
ARMY | BCMR | CY2009 | 20090003778
The rating decision states the applicant had been treated for a wound he sustained to his left knee in February 1969. The applicant was wounded a second time in the left knee, in February 1969. While the evidence shows he received treatment by medical personnel for a wound that he sustained to his left knee, there is no evidence that shows he was wounded as a result of hostile action.
ARMY | BCMR | CY2013 | 20130004078
The applicant further states treatment of his wounds should be in his military medical records. The applicant's complete military medical records are not available for review. Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained as a result of hostile action.
ARMY | BCMR | CY2009 | 20090013542
IN THE CASE OF: BOARD DATE: 14 January 2010 DOCKET NUMBER: AR20090013542 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. There is no evidence in the available records which show that the applicant was awarded the Purple Heart or that he was wounded as a result of hostile action in Vietnam. The service medical record provided by the applicant does not show that the lacerations to his legs were the result of hostile action.
ARMY | BCMR | CY2008 | 20080011159
The applicant's military service records contain an SF 88 (Report of Medical Examination), dated 16 November 1971, which was completed by the attending physician at the time of the applicants medical examination prior to his release from active duty. There is no evidence in the applicants military service records that shows he was wounded or treated for wounds as a result of hostile action; his DA Form 20 does not show an entry in Item 40 (Wounds) or list the Purple Heart in Item 41...
ARMY | BCMR | CY2014 | 20140003549
The applicant's record shows he was inducted into the Army of the United States on 23 July 1969. It states the Purple Heart is awarded to members wounded in action and states that in order to award the Purple Heart, there must be evidence the wound for which the award is being made was received as a result of enemy action, the wound required treatment by military medical personnel, and a record of the medical treatment was made a matter of official record. There is no evidence in his...
ARMY | BCMR | CY2014 | 20140021588
He should be awarded the Purple Heart for wounds received in action on 31 January 1968, at the beginning of the TET Offensive [Republic of Vietnam], which were not reported. c. He was wounded during the attack when he was pushed to the cement sidewalk while running to his assigned bunker and sustained injuries to his right leg, including deep lacerations, blood loss, and bruising. His DD Form 214 shows he was credited with the completion of 3 years, 10 months, and 20 days of total active...
ARMY | BCMR | CY2008 | 20080000406
On 3 September 1967, the applicant returned to dispensary and his sutures were removed. This regulation also provides that there are no time limitations for requests for award of the Purple Heart. Although the record does show that the applicant was injured while he was in Vietnam, there is no evidence in the available record, nor has the applicant submitted any evidence to show that any of his injuries were the result of hostile action by enemy forces.