Mr. Carl W. S. Chun | Director | |
Mr. Vic Whitney | Analyst |
Ms. Sherri V. Ward | Chairperson | |
Mr. James E. Anderholm | Member | |
Mr. George Paxson | Member |
APPLICANT REQUESTS: That he be awarded the Purple Heart.
APPLICANT STATES: That he was wounded. He provides no details on how or when he was wounded or what medical treatment he was provided. He submits a statement from a fellow former soldier in support of his application.
EVIDENCE OF RECORD: The applicant's military records show:
That he served as an engineer construction supervisor in the pay grade of E-6 while assigned in Vietnam from 26 May to 30 December 1966. In the available record is the commander’s recommendation for award with narrative description for the applicant’s period of service from May to October 1966. His duties and service as excavation section leader and assistant platoon sergeant were praised and the Army Commendation Medal was approved. There is no mention in the five paragraph justification for the award that the applicant was ever wounded or injured as a result of enemy action.
Also in the available record is a Letter of Commendation, dated 15 November 1966, from his unit commander. The commander thanks him for his efforts on behalf of the company and the resulting successes. There is no mention of the applicant having been wounded or injured during this period of duty.
The applicant’s DD Form 214 (Report of Separation from Active Duty), issued on 17 August 1967, does not show the Purple Heart as an authorized award. There are no medical records or copies of physical examinations in the available record.
The statement from the former fellow service member states that he knew the applicant in Vietnam in 1966. On an unspecified date an ammunition dump exploded approximately ½ mile from them. They also experienced small arms fire and several people were injured. The next day he saw the applicant and he was wearing a bandage on his neck.
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. There is no evidence of record, and none provided by the applicant, to show that he was injured or wounded as a result of enemy action in 1966 in Vietnam. The witness statement is an insufficient basis for the award and lacks credibility based on the lack of details presented. The witness only states that he saw the applicant with a bandage.
2. The statements of individuals are inadequate as the sole basis for an award of the Purple Heart because they do not fulfill the regulatory requirement that there must be a record of medical treatment. However, they can be accepted as a substantiation of the combat or the enemy origin of a wound for which there is a record of treatment.
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 this 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
__sw___ __ja____ __gp____ DENY APPLICATION
CASE ID | AR2001051868 |
SUFFIX | |
RECON | |
DATE BOARDED | 20010410 |
TYPE OF DISCHARGE | |
DATE OF DISCHARGE | |
DISCHARGE AUTHORITY | |
DISCHARGE REASON | |
BOARD DECISION | DENY |
REVIEW AUTHORITY | |
ISSUES 1. | 107.00 |
2. | |
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