Mr. Carl W. S. Chun | Director | |
Mr. Edmund P. Mercanti | Analyst |
Ms. Joann H. Langston | Chairperson | |
Mr. Mark D. Manning | Member | |
Mr. Jose A. Martinez | Member |
APPLICANT REQUESTS: That he be awarded the Purple Heart.
APPLICANT STATES: His brother, who never served in combat, has a Purple Heart listed on his DD Form 214. He believes because of the similarities in their first names, his brother may have inadvertently been awarded his Purple Heart.
EVIDENCE OF RECORD: The applicant's military records show:
He was inducted on active duty on 10 December 1969, was awarded the military occupational specialty of infantryman, and was promoted to pay grade E-4. He served in Vietnam from 7 July 1970 to 4 May 1971.
He was honorably released from active duty on 15 September 1971. His DD Form 214 shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Army Commendation Medal, the Combat Infantryman Badge, the Sharpshooter Marksmanship Qualification Badge with rifle bar, and the Air Medal.
The applicant’s DA Form 20, Enlisted Qualification Record, Item 40, Wounds, has no entries. The applicant’s health records do not contain any record of him being wounded. The applicant’s separation physical examination has no mention of his being wounded.
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 to support the applicant’s contention that he was wounded in combat.
2. Without evidence to show that the applicant was wounded, there is no basis to award him 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
__mdm __ ____jhl__ ___jam __ DENY APPLICATION
CASE ID | AR2001055439 |
SUFFIX | |
RECON | YYYYMMDD |
DATE BOARDED | 20011011 |
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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