APPLICANT REQUESTS: Award of the Purple Heart Medal.
APPLICANT STATES: That he received a shrapnel wound during his tour in Vietnam and has received a service connected disability rating from the VA for this wound.
EVIDENCE OF RECORD: The applicant's military records show:
The applicant enlisted in the Army for three years on
2 September 1966. He completed basic, advanced, and airborne training, and in March 1967 was assigned to Fort Bragg, North Carolina as infantryman. In October 1967 he was assigned to a cavalry squadron of the 9th Infantry Division in Vietnam. He returned to the United States and in November 1968 was assigned as a cook to Fort Polk, Louisiana. He was released from active duty on
29 August 1969. The applicant had 2 years, 11 months, and 28 days of service. He attained the rank of Specialist Four during his service, and was awarded the Combat Infantryman Badge, the Parachute Badge, the Air Medal (9th oak leaf cluster), and the Valorous Unit Award, among others.
In a report of medical examination taken on 21 April 1969 just prior to his separation, there is no mention that the applicant was treated for any wound. In the report of medical history, he furnished for the examination, the applicant denied having had any injury.
Neither the applicants DD Form 214 (Report of Transfer or Discharge) or his DA Form 20 (Enlisted Qualification Record) show award of the Purple Heart. His DA Form 20 does not indicate any wounds received.
A 30 January 1995 VA rating awarded the applicant a 50 percent disability rating for post traumatic stress disorder (PTSD), and a zero percent rating for a shrapnel wound to his right arm.
In a 30 May 1995 letter to the applicant in response to his letter to the President concerning the Purple Heart, the Chief of Staff of the Army Reserve Personnel Center at St. Louis informed the applicant that a review of his medical and military records, including his service medical records at the VA regional office in New York, did not show that he was wounded as a result of enemy action. The retired organizational records of the units to which he was assigned in Vietnam revealed no entries concerning the applicant. He was informed that there was no authority to award him the Purple Heart.
Army Regulation 600-8-22 provides 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, 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, and advisory opinion(s), it is concluded:
1. Notwithstanding the rating by the VA for a shrapnel wound to the right army, there is no evidence of record to indicate that the applicant was wounded because of hostile action, nor in fact, wounded at all. He himself made no mention of having been wounded in the report of medical history he completed just prior to his release from active duty. The applicants request for award of the Purple Heart Medal is therefore rejected.
2. The applicant has submitted neither probative evidence nor a convincing argument in support of his request.
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
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