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Decision Text

ARMY | BCMR | CY1997 | 9710703
Original file (9710703.rtf) Auto-classification: Denied
APPLICANT REQUESTS: Correction of his military records to show that he was awarded the Purple Heart or a combat medal.
APPLICANT STATES : He received wounds from small arms mortar and rocket fire while standing guard at Landing Zone Oasis sometime between 20 and 22 May 1969. He recalls picking pieces of shrapnel from his arms and head and being treated at the medical tent. He recalls that the commanding officer stated that he would receive the Purple Heart for his wounds. In support of his application he submits a statement from a fellow solider (who also has an application before this Board for the same medal) who confirms the applicant’s statement. 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 into the Army. His DA Form 20 (Enlisted Qualification Record) reflects that after basic and advanced individual training, he arrived in Vietnam on 13 June 1968. His military occupational specialty was 93F (Ballistic Meteorology). He participated in 5 campaigns. 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 10 December 1970 the applicant was honorably discharged in pay grade E-5. His awards include the National Defense Service Medal, the Vietnam Service Medal and the Vietnam Campaign Medal.

In 1990, in response to the applicant’s request for his medical records, a review was made of his morning reports. Apparently, no morning reports were found indicating that he was injured during the period for which he requested the Purple Heart.

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 statement and that of a fellow solider, there is no indication from the available records to show that the applicant was ever recommended for the Purple Heart.

3. His recollection of being told that he was being recommended for the Purple Heart is not sufficient to award the medal.

4. 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

5. 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.

NOTE: The Support Division, ARBA, St. Louis MO will be requested to prepare a DD Form 215 and DA Form 1577 issuing the applicant 1 silver service star to his Vietnam Service Medal for his 5 campaigns.

BOARD VOTE :
GRANT

GRANT FORMAL HEARING

 DENY APPLICATION




                                                      Karl F. Schneider
                                                       Acting Director

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