| Mr. Carl W. S. Chun | Director | |
| Ms. Deyon D. Battle | Analyst |
| Mr. Raymond V. O’Connor, Jr. | Chairperson | |
| Mr. Christopher J. Prosser | Member | |
| Ms. Linda D. Simmons | Member |
APPLICANT REQUESTS: That his Report of Transfer or Discharge (DD Form 214) be corrected to show that he was awarded the Purple Heart for injuries that he sustained while he was in Vietnam.
APPLICANT STATES: That although he was told by the Veterans Administration that he would soon be receiving his Purple Heart, he would like to have the award reflected on his DD Form 214.
EVIDENCE OF RECORD: The applicant's military records show:
He was inducted into the Army on 4 August 1969 at Fort Campbell, Kentucky. He successfully completed his training as an infantry indirect fire crewman. On 12 December 1969, he was transferred to Vietnam.
His awards include the National Defense Service Medal, the Vietnam Campaign Medal w/60 Device, the Vietnam Service Medal w/three Bronze Service Stars, the Army Commendation Medal, the Bronze Star Medal and the Combat Infantryman Badge.
A review of the applicant’s records fails to show that he was ever wounded as a result of hostile action by enemy forces while he was in Vietnam or that he is entitled to the award of the Purple Heart.
He returned to the Continental United States on 29 November 1970 and he was released from active duty at the expiration of his term of service on 3 August 1971. He was transferred to the United States Army Reserve Control Group (Annual Training) to complete his Reserve obligation.
Army Regulation 600-8-22 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. 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.
2. There is no evidence of record nor has the applicant submitted any evidence to support his contention that he was wounded while he was in Vietnam or that he is entitled to the Purple Heart.
3. In the absence of evidence to the contrary, it must be presumed that what the Army did in his case was correct.
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
___lds___ ___rvo __ ____cp__ DENY APPLICATION
| CASE ID | AR2001057187 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2001/08/30 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. 46 | 107.0000/awards |
| 2. 61 | 107.0015/PH |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2002 | 2002072243C070403
These awards are not shown on the applicant’s DD Form 214 and will be administratively corrected.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. However, in the absence of orders or other evidence of record showing the applicant was wounded or treated for wounds as a result of hostile action, the Board determined that this medical report is not sufficient as a basis for award of the...
ARMY | BCMR | CY2001 | 2001065468C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. Army Regulation 600-8-22 provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. There is no evidence in the applicant's official military personnel file that his commander ever disqualified him for award of the Good Conduct Medal and the...
ARMY | BCMR | CY2001 | 2001063924C070421
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. EVIDENCE OF RECORD : The...
ARMY | BCMR | CY2001 | 2001053934C070420
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: 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.
ARMY | BCMR | CY2002 | 2002076729C070215
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. The applicant requests...
ARMY | BCMR | CY2002 | 2002077673C070215
The applicant requests correction of military records as stated in the application to the Board and as restated herein. His record contains a copy of general orders awarding him the Air Medal for the period June 1969 to April 1970. These include: the Air Medal, the Vietnam Service Medal with two bronze service stars, the RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal First Class Unit Citation.
ARMY | BCMR | CY2002 | 2002074966C070403
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. The applicant requests...
ARMY | BCMR | CY2001 | 2001057536C070420
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. The applicant requests...
ARMY | BCMR | CY2003 | 2003089774C070403
The applicant states, in effect, that he was awarded the Purple Heart for being wounded in Vietnam and it was not included on his DD Form 214. A review of his records fails to show that he was awarded the Purple Heart; however, his records do show that he was wounded in action and was treated by medical personnel during his hospitalization. RECOMMENDATION : That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was entitled...
ARMY | BCMR | CY2001 | 2001062580C070421
EVIDENCE OF RECORD : The applicant's military records show: The Board denied his case on 9 September 1992, based on the lack of sufficient evidence to show error or injustice and his failure to timely file. The applicant’s contention that he was awarded two Purple Hearts has been noted by the Board; however, it is not supported by the evidence submitted with his application, or the evidence of record.