| Mr. Carl W. S. Chun | Director | |
| Mr. W. E. Schnupp | 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.
APPLICANT STATES: That he was knifed on the right side of the back in Vietnam and given 10% disability compensation award by the Department of Veterans Affairs (DVA). He says that he should have received a Purple Heart for his wound but never has.
In support of his request, he submits a copy of his DD Form 214, Report of Transfer or Discharge and a copy of the DVA award letter dated 12 October 1971.
EVIDENCE OF RECORD: The applicant's military records show:
He was called to active duty from the Army National Guard (ARNG) on 13 May 1968 in his military occupational specialty of 94B, cook. He served in Vietnam from 26 March to 24 November 1969 and was released back to the ARNG on 12 December 1969 in pay grade E-5.
His awards include the National Defense Service Medal, the Bronze Star Medal, the Vietnam Service Medal, the Vietnam Campaign Medal with 1960 device and the Marksman Badge with M-1 and M-16 rifle bars.
The applicant’s award of disability compensation from the DVA indicates that the award was made for service connected condition of residual of scar, right side of back – 10%.
The applicant’s military medical records contain no information showing that he was wounded in action. His separation physical examination completed on 2 December 1969 states that he has a 12” scar behind the right shoulder. The record contains no explanation of the circumstances of the scar.
The applicant’s DA Form 20, Enlisted Qualification Record, contains no entry in item 40 (wounds); nor, does it show the Purple Heart as an authorized award in item 41 (awards and decorations). Item 38 (record of assignments) does not show that he was admitted as a patient during his Vietnam assignment.
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 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. The evidence of record does not show and the applicant has not provided any evidence to show that he was wounded in action and is entitled to the Purple Heart.
2. The DVA award of compensation does not establish that his injury was a result of hostile action. In the absence of such a finding, there are no grounds for this Board to award the Purple Heart. It should be noted that accidental injuries, even though they may occur in a combat zone, that are not directly attributable to an act of the enemy are not considered wounds received in action and do not entitle the individual to 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 satisfies 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
___wtm__ ___aao __ ____jtm_ DENY APPLICATION
| CASE ID | AR2001053934 |
| 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. |
ARMY | BCMR | CY2008 | 20080011917
However, there is no evidence of record which verifies his injuries were a result of hostile action in Vietnam. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding the Purple Heart for wounds sustained in July 1969 and showing this award on his DD Form 214. ______________________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military...
ARMY | BCMR | CY2001 | 2001064311C070421
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. The Board noted that the applicant was awarded the Combat Infantryman Badge, but that his discharge document does not show award of the Bronze Star Medal based on award of the Combat Infantryman Badge. In view of the applicant's own signature authenticating that he received no wounds in action and in view of...
ARMY | BCMR | CY2005 | 20050002398C070206
There is no evidence in the available records which shows the applicant was wounded a second time as a result of hostile action in Vietnam. There is no evidence of record which shows that the applicant was wounded as a result of hostile action on any date other than 11 August 1971 in Vietnam. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Purple Heart for wounds received in action on 11 August 1971...
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.
ARMY | BCMR | CY2006 | 20060008697C070205
The applicant requests correction of his military records to show award of the Purple Heart. There is no evidence in the available records which shows that the applicant was awarded the Purple Heart or was wounded as a result of hostile action in Vietnam. In the absence of orders or other evidence of record showing that the applicant was injured or treated for wounds as a result of hostile action in Vietnam, the DVA documentation and the 25 October 1969 letter provided by the applicant is...
ARMY | BCMR | CY2006 | 20060011269
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 27 February 2007 DOCKET NUMBER: AR20060011269 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. There is no evidence in the available records which shows that the applicant was awarded the Purple Heart or was wounded as a result of hostile action in Vietnam. Therefore, the Board requests that the CMSD-St....
ARMY | BCMR | CY2005 | 20050004719C070206
The applicant requests award of the Purple Heart for shrapnel wounds incurred in Vietnam. Therefore, he is entitled to correction of his records to show this unit award. Therefore, he is entitled to correction of his records to show this unit award.
ARMY | BCMR | CY2002 | 2002078232C070215
There is no evidence in the applicant’s service personnel records that he was awarded the Purple Heart or was wounded as a result of hostile action. There is no evidence in the applicant’s service personnel records which shows that he was wounded or injured as a result of hostile action in Vietnam. However, evidence of record shows the applicant participated in three campaigns during his assignment in Vietnam which are not correctly shown by award of three bronze service stars for wear on...
ARMY | BCMR | CY2006 | 20060008884C070205
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 19 December 2006 DOCKET NUMBER: AR20060008884 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. His DD Form 214 for the period ending 16 August 1970 does not show the Purple Heart as an authorized award. Evidence shows that the applicant’s records contain an administrative error which does not require action...
ARMY | BCMR | CY2008 | 20080001908
There is no evidence of record which shows that the applicant was wounded as a result of hostile action in Vietnam. Therefore, his record should be corrected to show this award. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the first award of the Good Conduct Medal for the period 26 September 1967 through 23 August 1969; and b. amending his DD Form 214 to add the Good Conduct Medal, the Presidential...