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Decision Text

ARMY | BCMR | CY1997 | 9711238
Original file (9711238.rtf) Auto-classification: Denied
APPLICANT REQUESTS: Award of the Purple Heart Medal.
APPLICANT STATES : In effect, that the Purple Heart Medal was never listed on his DD Form 214 (Report of Transfer or Discharge).

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

The applicant enlisted in the Army for three years on
5 March 1968, completed training, and was assigned to the 79 th Quartermaster Platoon in Vietnam in December 1968 as a heavy petroleum vehicle operator.

A 24 March 1969 clinical record prepared at the Fitzsimons General Hospital in Denver shows that the applicant suffered bilateral open humeral fractures secondary to a truck accident while driving in the Republic of Vietnam on
13 March 1969. That record indicates that he was driving a truck on a wet road; the truck slid off the road and he was thrown out, sustaining bilateral open humeral fractures.

On 1 August 1989 a medical evaluation board (MEB) indicated that he had various injuries, sustained in a truck accident while driving on 13 March 1969, and was medically unfit for further military service. That board recommended that he be referred to a physical evaluation board (PEB). The applicant concurred.

A 6 August 1969 message from the commander of Fitzsimons General Hospital to the Chief of the DA Casualty Branch indicates that the applicant was injured in a truck accident while driving on 13 March 1969.

On 18 August 1969 a PEB determined that the applicant was unfit to perform the duties of his office, rank, or grade, and recommended that he be placed on the temporary disability retired list (TDRL) with a 80 percent disability rating.

The applicant was retired on the TDRL on 17 September 1969. He had 1 year, 6 months, and 13 days of service. His
DD Form 214 does not show award of the Purple Heart Medal.

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.

That regulation goes on to say that injuries or wounds as a result of accidents, to include explosive, aircraft, vehicular, and other accidental wounding not related to or caused by enemy action, clearly do not qualify for award of the Purple Heart.

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. The applicant was accidentally injured in a truck accident in Vietnam as evidenced by the aforementioned records. He is not entitled to award of the Purple Heart Medal.

2. 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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