| Mr. Carl W. S. Chun | Director | |
| Mr. Joseph A. Adriance | Analyst |
| Ms. June Hajjar | Chairperson | |
| Ms. Celia L. Adolphi | Member | |
| Mr. Harry B. Oberg | Member |
APPLICANT REQUESTS: In effect, that he be awarded the Purple Heart (PH).
APPLICANT STATES: In effect, that he was wounded twice, treated by a field medic, and received medicine from the pharmacy. He claims that it is his belief that he is entitled to at least one PH.
EVIDENCE OF RECORD: The applicant's military records show:
On 29 May 1968, he enlisted in the Regular Army for three years. He successfully completed basic training at Fort Bliss, Texas and advanced individual training (AIT) at Aberdeen Proving Grounds, Maryland. Upon completion of AIT he was awarded military occupational specialty 12C (Bridge Specialist) and he was assigned to Vietnam for his first permanent duty station.
On 5 February 1969, he arrived in Vietnam where he was assigned to Company E, 4th Engineer Battalion, 4th Infantry Division, where he served until the completion of his tour on 3 February 1970, at which time he was reassigned to Fort Hood, Texas.
He arrived at Fort Hood in March 1970 and served there until May 1971, when he was confined at the Personnel Control Facility at Fort Bliss after returning to military control at the end of an extended period of being absent without leave (AWOL). In July 1971, he was released from confinement and assigned to a unit at Fort Bliss to perform as a duty soldier. He served in this capacity until his separation on 19 October 1971.
The applicant’s Department of the Army (DA) Form 20 (Enlisted Qualification Record), which he audited and verified on 19 July 1971, contains no entry in block 40 (wounds) and has no reference to the PH in block 41 (awards and decorations). It does document his Vietnam service and his participation in the following campaigns of the Vietnam Conflict: Vietnam Counter Offensive Phase VI; TET 69 Counter Offensive; Vietnam Summer Fall 1969; and the Vietnam Winter Spring 1970.
The Department of Defense (DD) Form 214 (Armed Forces of the United States Report of Transfer or Discharge), issued to the applicant on the date of his separation, confirms that he was honorably separated on 19 October 1971, after completing a total 3 years of active military service. It also shows that during his tenure on active duty he earned the National Defense Service Medal, Vietnam Campaign Medal, and Vietnam Service Medal. This document contains no reference to his ever having been awarded the PH for being wounded or injured in action and the applicant authenticated the DD Form 214 with his signature, thereby, verifying the data contained therein.
Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual military awards. Paragraph 2-8 contains the regulatory guidance pertaining to awarding the PH. It states, in pertinent part, that the PH is awarded to any member wounded or killed while engaged in action against an armed enemy or hostile force.
Paragraph 9-8b (2) defines a wound as an injury to any part of the body from an outside force or agent while engaged in action against the enemy. It also specifically states that in order to support awarding a member the PH, it is necessary to establish that the wound, for which the award is being made, required treatment by a medical officer. This treatment must be supported by records of medical treatment for the wound or injury received in action, and 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. Notwithstanding the contention of the applicant, after carefully examining the available evidence of record and the independent evidence submitted by him, the Board finds an insufficient evidentiary basis on which to support awarding the PH.
2. The available evidence contains no information to support the applicant’s claim of entitlement to the PH and there are no medical records available that verify that he was ever treated for a wound or injury received in action by a medical officer or that any treatment for a wound was ever made a matter of official record.
3. Further, the evidence of record contains no suggestion that the applicant raised the PH issue at the time of his separation when he authenticated the
DD Form 214 issued to him, which did not list the PH as an earned award.
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 this 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.
BOARD VOTE:
________ ________ ________ GRANT
________ ________ ________ GRANT FORMAL HEARING
__hbo___ ___jh ___ ___cla___ DENY APPLICATION
| CASE ID | AR2001051291 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 2001/04/05 |
| TYPE OF DISCHARGE | HD |
| DATE OF DISCHARGE | 1971/10/19 |
| DISCHARGE AUTHORITY | AR 635-200 |
| DISCHARGE REASON | ETS |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. 61 | 107.0015 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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