| Mr. Carl W. S. Chun | Director | |
| Mr. Lee Cates | Analyst |
| Ms. Sherri V. Ward | Chairperson | |
| Mr. George D. Paxson | Member | |
| Mr. James E. Anderholm | Member |
APPLICANT REQUESTS: That award of the Purple Heart be shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 21 September 1966. He provides a copy of a Veterans Affairs (VA) Rating Decision which indicates service connection for shrapnel wound, left leg.
APPLICANT STATES: That the Purple Heart is not shown on his DD Form 214.
EVIDENCE OF RECORD: The applicant's military records show:
On 27 September 1963, he enlisted in the Regular Army.
During the period 19 December 1965 to 21 September 1966, he served in the 1st Cavalry Division in Vietnam.
On 21 September 1966, a separation physical examination cleared the applicant for separation and did not indicate any wounds.
On 21 September 1966, he was honorably separated under Army Regulation 635-200, based on being an overseas returnee. His separation document indicates he had 2 years, 11 months and 25 days of creditable service.
His Enlisted Qualification Record shows no listing in item 40, Wounds.
There is no evidence of record showing that the applicant was wounded or treated for wounds due to hostile action.
Army Regulation 600-8-22 (Military Awards) 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, and the medical treatment must have been made a matter of official record.
Title 38, United States Code, sections 310 and 331, permits the VA to award compensation for a medical condition which was incurred in or aggravated by active military service. The VA, however, is not required by law to determine medical unfitness for further military service. The VA, in accordance with its own policies and regulations, awards compensation solely on the basis that a medical condition exists and the said medical condition reduces or impairs the social or industrial adaptability of the individuals concerned. Consequently, due to the two concepts involved, an individual’s medical condition, although not considered medically unfitting for military service at the time of processing for separation, discharge or retirement, may be sufficient to qualify the individual for VA benefits based on an evaluation by that agency.
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 available to the Board, which shows that the applicant was wounded or treated for wounds due to hostile action; therefore, he is not entitled to award of the Purple Heart.
2. The VA Rating Decision, in this case, does not justify award of the Purple Heart.
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
_jea____ _svw____ _gdp____ DENY APPLICATION
| CASE ID | AR2001052507 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20010410 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 107 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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