| Mr. Carl W. S. Chun | Director | |
| Mr. Vic Whitney | Analyst |
| Ms. Celia L. Adolphi | Chairperson | |
| Mr. Donald P. Hupman | Member | |
| Mr. Curtis L. Greenway | Member |
APPLICANT REQUESTS: That his award of the Purple Heart be added to his DD Form 214 (Report of Transfer or Discharge) and that he be issued the medal.
APPLICANT STATES: That he received the award but not the medal. He provides no details on when, how, or where he was wounded. He provides a copy of a Purple Heart Certificate in support of his request.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted and entered active duty on 14 February 1969. He completed training as a helicopter repairer and was assigned to Vietnam from September 1969 to September 1970 and again from March 1971 to February 1972. He was separated from active duty in the pay grade of E-5 on 10 February 1972, and transferred to the Army Reserve.
The applicant’s DD Form 214 does not show an award of the Purple Heart. His DA Form 20 (Qualification Record), in block 40 (Wounds) is blank. There are no military medical or Department of Veterans Affairs medical records available for review.
The copy of the Purple Heart Certificate provided by the applicant states that he was wounded in action in Vietnam on 14 January 1970. The certificate was issued on 14 September 1970, and signed by the commander of the 17th Aviation Group.
From January to September 1970, the applicant was assigned to the
189th Aviation Company, which was assigned to the 17th Aviation Group. The 17th Aviation Group was a subordinate organization to the 1st Aviation Brigade.
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.
Headquarters, U. S. Army Republic of Vietnam Regulation 672-1 provided the approval authority for awards in Vietnam. Appendix I of the regulation stated that the commanders of separate aviation groups and the Commander, 1st Aviation Brigade, were approval authorities for the Purple Heart.
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. Notwithstanding the Purple Heart Certificate provided by the applicant, there is no medical evidence of record, or other evidence provided by the applicant, to show that he was wounded as a result of action with the enemy.
2. The applicant’s Purple Heart Certificate is signed by a commander that did not have award authority for the Purple Heart and cannot be accepted as the sole evidence that the applicant is entitled to an award of 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 would satisfy 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
__ca____ ___dh___ ___cg___ DENY APPLICATION
| CASE ID | AR2001057536 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20010911 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 107.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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