| Mr. Carl W. S. Chun | Director | |
| Mr. Edmund P. Mercanti | Analyst |
| Ms. June Hajjar | Chairperson | |
| Mr. Harry B. Oberg | Member | |
| Ms. Celia L. Adolphi | Member |
APPLICANT REQUESTS: That he be awarded the Purple Heart.
APPLICANT STATES: While in Vietnam he was on a track which was being hit by enemy fire. He jumped off the track to avoid the enemy fire, which resulted in his left knee being broken.
In support of his application he submits a DA Form 8-274, Medical Condition – Physical Profile Record, dated 3 January 1969, in which it is shown he was given physical profile restrictions due to an old break of his left kneecap.
EVIDENCE OF RECORD: The applicant's military records show:
He was inducted on 25 September 1967, was awarded the military occupational specialty of automotive repair parts specialist, and was promoted to pay grade
E-4. He served in Vietnam from 24 June 1968 through 23 June 1969. He was honorably released from active duty on 19 June 1969 due to his having insufficient time to be reassigned after his return from Vietnam.
Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for wounds 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 and applicable law and regulations, it is concluded:
1. There is no evidence to support the applicant’s contention that he broke his kneecap while jumping off a track which was under enemy fire.
2. In the absence of evidence showing that his injury was a direct result of action with the enemy, he does not qualify for the Purple Heart and there are no grounds for the Board to award it.
3. 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
__jh ____ ___hbo__ ___cla___ DENY APPLICATION
| CASE ID | AR2001051428 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20010405 |
| TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
| DATE OF DISCHARGE | YYYYMMDD |
| DISCHARGE AUTHORITY | AR . . . . . |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 107.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2002 | 2002082384C070215
EVIDENCE OF RECORD : The applicant's military records show: The DD Form 214 with an effective date of 17 July 1969 covers the applicant's service in Vietnam. The Board noted there is no evidence of record which shows that he was awarded the Purple Heart or that he was wounded or treated for wounds as a result of hostile action.
ARMY | BCMR | CY2004 | 2004103474C070208
The applicant provides a 1-page medical record from the Department of Veterans Affairs (DVA) dated 15 January 2004; a 1-page medical record from the DVA dated 21 January 2000; a 1-page medical record from the DVA dated 24 April 2003; an extract from his service medical records; a 3-page attachment to a DVA claim; a letter dated 6 March 1969; a letter addressed to the National Archives and Records Administration dated 26 October 1999; and his DD Form 214. In pertinent part, it states that...
ARMY | BCMR | CY2004 | 04104755C070208
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 09 DECEMBER 2004 DOCKET NUMBER: AR2004104755 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. Michael Flynn | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. As a result, the Board recommends that all Department of the Army records of...
ARMY | BCMR | CY2004 | 20040010740C070208
There is no evidence the applicant was awarded the Purple Heart. There is no medical evidence of record which shows that the applicant was wounded or treated for wounds as a result of hostile action. Examples of injuries or wounds which clearly do not qualify for award of the Purple Heart include frostbite or trench foot injuries, heat stroke, and accidents, to include explosive, aircraft, vehicular, and other accidental wounding not related to or caused by enemy action.
ARMY | BCMR | CY2002 | 2002068617C070402
The applicant requests reconsideration of his previous application to correct his military records by awarding him the Purple Heart and the Combat Infantryman Badge (CIB). The applicant's DA Form 20 does not show his assignments while in Vietnam from 5 April to 12 June 1969. There is insufficient medical evidence of record, or evidence submitted by the applicant, to show that the diagnoses of traumatic arthritis, left knee was as a result of enemy action and entitled him to an award of the...
ARMY | BCMR | CY2003 | 2003089136C070403
The applicant requests reconsideration of his previous application to correct his military records by granting him two awards of the Purple Heart. The applicant provides his medical records. That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Purple Heart, the Valorous Unit Award, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, and the Vietnam Service Medal with four bronze service stars
ARMY | BCMR | CY2012 | 20120019689
The applicant provides: * Four statements of support from former unit members * Declassified After Action Report (AAR) - Mechanic Ambush * Statement of Medical Condition (previously submitted) * Special Orders Number 102 (previously submitted) * Chronological Record of Medical care (previously submitted) CONSIDERATION OF EVIDENCE: 1. Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained while in action against and enemy or as a result of...
ARMY | BCMR | CY2005 | 20050001012C070206
A 7 December 1967 clinical record which the applicant submits with his request, shows that the applicant was transferred from the 71st Evacuation Hospital (in Vietnam) and admitted to the United States Army Hospital at Camp Zama in Japan on 9 November 1967 for an evaluation of seizure disorder. The applicant had a seizure disorder and dislocated his shoulder in Vietnam in November 1967. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the...
ARMY | BCMR | CY2005 | 20050001012C070206
A 7 December 1967 clinical record which the applicant submits with his request, shows that the applicant was transferred from the 71st Evacuation Hospital (in Vietnam) and admitted to the United States Army Hospital at Camp Zama in Japan on 9 November 1967 for an evaluation of seizure disorder. On 24 March 1993 this Board denied the applicant’s request for physical disability retirement or discharge. The applicant had a seizure disorder and dislocated his shoulder in Vietnam in November 1967.
ARMY | BCMR | CY2004 | 20040011036C070208
The applicant's military service record shows that he enlisted in the U.S. Army on 14 August 1967. Based on evidence of records, the applicant is authorized award of the Purple Heart. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing award of the Purple Heart, the Vietnam Service Medal with three bronze service stars, and the Republic of Vietnam Civil Actions Honor Medal First Class unit citation.