| Mr. Carl W. S. Chun | Director | |
| Mr. Edmund P. Mercanti | Analyst |
| Mr. Raymond V. O'Connor | Chairperson | |
| Mr. Hubert O. Fry | Member | |
| Mr. Eric N. Andersen | Member |
APPLICANT REQUESTS: That he be awarded the Purple Heart (PH).
APPLICANT STATES: While serving in Vietnam, he received a shrapnel wound from a grenade while he was a squad leader in the 101st Airborne Division.
In support of his application he submits a copy of a check he states is his disability pension for his shrapnel wound.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted in the Regular Army on 21 July 1966, was awarded the military occupational specialty of light weapons infantryman, and was promoted to pay grade E-5.
He served in Vietnam from 1 December 1967 to 2 December 1968 and was honorably released from active duty on 30 July 1969 at the expiration of his term of service. In conjunction with his release from active duty he had a separation physical examination. In that examination it was noted that the applicant had a fragment wound to his right shoulder which he sustained on 17 April 1968.
The applicant’s DA Form 20, Enlisted Qualification Record, Item 40, Wounds, has no entries. Item 38, Record of Assignments, does not show his duty status ever changing to patient.
The applicant’s awards and decorations include the National Defense Service Medal, the Parachute Badge, the Vietnam Service Medal, the Combat Infantryman Badge, the Vietnam Campaign Medal with 1960 Device, and the Army Commendation Medal.
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 of record to show that the applicant sustained a fragment wound except for the entry on his separation physical examination. To the contrary, his DA Form 20 indicates that the applicant was never wounded.
2. While the Board accepts the entry that the applicant received a fragment wound on his physical examination, that does not establish his entitlement to the PH because there is no evidence that it was sustained in combat or that it required treatment by a medical officer.
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
__rvo____ ___hof __ ___ena__ DENY APPLICATION
| CASE ID | AR2001053331 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20010726 |
| 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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In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice. APPLICANT STATES : He was...
ARMY | BCMR | CY2001 | 2001064741C070421
Counsel also noted that the DVA rating decision granted service connection for shrapnel wounds to his shoulder and that the wounds are consistent with his history of being wounded in Vietnam. The rating decision states that the applicant’s service medical records were reviewed when his claim was considered and denied in 1989. The Board noted that the applicant’s DD Form 214 does not show award of the Good Conduct Medal or any unit awards.
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The Board considered the following evidence: Exhibit A - Application for correction of military records. Although the applicant’s name may not be reflected among the list of individuals reported as combat casualties during the Vietnam War, based on the typed wound entry on his Department of the Army Form 20, the subsequent medical treatment document which mention the shrapnel wound, and the fact that the wound was also recorded on his separation document, there is sufficient evidence to...
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In addition to supporting an award of the Purple Heart, his former unit commander also notes that several other awards (unit and campaign stars) were omitted from the applicant's records. Although the applicant's Bronze Star Medal, Combat Infantryman Badge and Air Medal were all reflected on his separation document, the Army Commendation Medal was not. The Board also notes that the applicant's award of the Army Commendation Medal was omitted from his separation document.
ARMY | BCMR | CY2001 | 2001062105C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. EVIDENCE OF RECORD : The applicant's military records show: While the applicant’s separation physical examination shows that he had sustained fragment wounds, there is no indication that those wounds were the result of hostile action, that those wounds required treatment by a medical officer, and the medical treatment for those wounds were made a matter of official record.
ARMY | BCMR | CY2004 | 20040001817C070208
The applicant states that he had a shrapnel wound in Vietnam. In so doing, the VA noted that although his service medical records showed no evidence of a shrapnel wound, reasonable doubt was resolved in his favor that this [his wound] was a residual from a combat injury. The VA, in awarding the applicant a service connected disability for residuals [shrapnel] in his right arm, stated that his service medical records showed no evidence of a shrapnel wound, and despite this lack of evidence...
ARMY | BCMR | CY2001 | 2001063080C070421
An order published by the 71 st Evacuation Hospital on 11 February 1968 awarded the Purple Heart to the applicant for the wound that he received on the previous date. There is no other document to show that the applicant was wounded on that date. 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 Good Conduct Medal, Vietnam Service Medal with four bronze service stars, the Republic of...
ARMY | BCMR | CY2002 | 2002081269C070215
He had served 2 years of total active service and his DD Form 214, issued at the time of his REFRAD, indicates that he was awarded the National Defense Service Medal, the Vietnam Service Medal (VSM) with three bronze service stars, the Republic of Vietnam Campaign Medal and the Combat Infantryman Badge. Although the Board did not have the benefit of reviewing all of the applicant's medical records, the applicant's separation physical clearly shows that the applicant was wounded and treated...
ARMY | BCMR | CY2003 | 2003086806C070212
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. He further states that he was told that his recommendation for award of the Purple Heart was misrouted and he never received it. The Board finds that here is sufficient evidence to show that the applicant was wounded on 6 July 1970, while serving as an infantryman in Vietnam and that the wound was documented...