| Mr. Carl W. S. Chun | Director | |
| Mr. Edmund P. Mercanti | Analyst |
| Mr. Walter T. Morrison | Chairperson | |
| Mr. Arthur A. Omartian | Member | |
| Mr. John T. Meixell | Member |
APPLICANT REQUESTS: That he be awarded the Purple Heart with oak leaf cluster.
APPLICANT STATES: While serving in Vietnam, on 16 May 1969 he was blown through a wall by the blast of an incoming rocket. On 23 June 1969 he hurt his back when jumping from a truck which was caught in an ambush.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted in the Regular Army on 20 May 1968, was awarded the military occupational specialty of cook, and was promoted to pay grade E-4.
He was assigned to Vietnam on 20 January 1969 and served as a cook in an engineer battalion.
On 16 May 1969 the applicant was treated for tinnitus which he reported to be the result of his proximity to an incoming 122 millimeter rocket blast. The applicant was treated for hearing loss throughout his enlistment.
On 24 June 1969 the applicant was treated once again. The reason for his treatment was reported as “Jumped from truck yesterday and now has pain [in his back].” He was diagnosed as having a muscle strain and given physical limitations of no heavy lifting for 2 days.
The applicant returned to the United States on 19 January 1970 and was honorably released from active duty on the same day due to his having insufficient time remaining on his enlistment to reassign him. His DA Form 20, Enlisted Qualification Record, Item 40, Wounds, is blank.
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. The applicant has not supplied any evidence, nor is there any evidence of record, which would support his contention that he injured his back as a result of jumping out of a truck during an ambush. Based on the lack of corroborating evidence to support the fact that his injury was a direct result of enemy action, there is no basis for the Board to award the Purple Heart.
2. As for the applicant’s contention that he should be awarded the Purple Heart for his hearing loss as a result of a rocket blast, while the applicant’s medical records show that he reported that his tinnitus was due to his proximity to a missile blast, there is no evidence to support that fact. To the contrary, no wounds are listed on the applicant’s DA Form 20. Without some form of corroborating evidence, there is no basis for the Board to award the Purple Heart.
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
____wtm_ ____aao_ ____jtm _ DENY APPLICATION
| CASE ID | AR2001052684 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20010731 |
| 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. |
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