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Decision Text

ARMY | BCMR | CY1997 | 9710697
Original file (9710697.rtf) Auto-classification: Denied
APPLICANT REQUESTS: Correction of his military records to show that he was awarded the Purple Heart.
APPLICANT STATES : That he never received the Purple Heart that his commanding officer said he would received for wounds received from small arms mortar and rocket fire sometime between 20 and 22 May 1969. He states that he was picking little pieces of shrapnel from his arms and head when he was told to go to the medical tent and have the wounds treated. In an attached statement the applicant stated that prior to his departure from Vietnam his commanding officer told him the paperwork had been submitted for him to receive the Purple Heart. He also submits copies of an newspaper article concerning the enemy attack in question.

EVIDENCE OF RECORD : The applicant's military records show:

On 6 November 1967 the applicant was inducted. His DA Form 20 (Enlisted Qualification Record) reflects that after basic and advanced individual training, he arrived in Vietnam on 12 May 1968. His military occupational specialty was 93F (Ballistic Meteorology). Neither his DA Form 20, item 40 “Wounds” nor his Separation Physical indicate that the applicant received any wounds or injuries as a result of hostile action.

On 16 June 1969 the applicant was honorably discharged in pay grade E-4. His awards include the National Defense Service Medal, the Vietnam Service Medal with 4 bronze service stars, the Vietnam Campaign Medal and the Army Commendation Medal.

Army Regulation 600-8-22 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. The applicant has failed to show through the evidence submitted with his application that he meets the criteria for award of the Purple Heart.

2. Other than his own statement there is no indication from the available records to show that the applicant was ever recommended for the Purple Heart. His recollection of being told that he was recommended for the Purple Heart is not sufficient to award the medal.

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 applicant's 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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