| Mr. Carl W. S. Chun | Director | |
| Mr. Michael L. Engle | Analyst |
| Mr. Raymond J. Wagner | Chairperson | |
| Ms. Barbara J. Ellis | Member | |
| Mr. John P. Infante | Member |
APPLICANT REQUESTS: In effect, that his military records be corrected to show award of the Purple Heart (PH).
APPLICANT STATES: In effect, that he was awarded the PH for being knocked unconscious when an ammunition dump exploded in Quan Tri, Republic of South Vietnam (RVN). He states that the Veterans Administration ‘s regional office in Anchorage, Alaska, has his records; however, he did not include any evidence with his application.
EVIDENCE OF RECORD: The applicant's military records show:
He was inducted into the Army on 8 September 1967 for 2 years. He successfully completed his initial training and was assigned to the 1st Battalion, 8th Cavalry Regiment, 1st Cavalry Division (Airmobile), in the RVN, for duty as a light vehicle driver (64A). He attained the rank of specialist four and was honorably separated from active duty on 3 October 1969. He completed 1 year, 11 months and 29 days of creditable active service.
The applicant’s Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) lists in Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons) the National Defense Service Medal, the Vietnam Service Medal (VSM) with two bronze service stars, and the Vietnam Campaign Medal (VCM) with Device (1960).
Department of the Army General Orders 59, dated 1969, announced award of the RVN Gallantry Cross with Palm Unit Citation Badge to the 1st Battalion, 8th Cavalry Regiment during the period 9 August 1965 to 19 May 1969.
Department of the Army General Orders 42, dated 1972, announced award of the RVN Civil Actions Honor Medal, First Class, to the 1st Battalion, 8th Cavalry Regiment for the period 1 January1969 to 1 February 1970.
Army Regulation 600-8-22 provides, in pertinent part, that the PH 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 applicant’s military medical records were not available to the Board for review. Lacking supporting medical evidence, there is a rebuttable presumption that what the Army did in the applicant’s case was correct.
2. In order for the Board to make a determination of his entitlement to award of the PH, it would require copies of the applicant’s official Army records showing that he received a wound as a result of hostile action, and that it required medical treatment. Therefore, the Board cannot grant entitlement to the PH.
3. The applicant served with the 1st Battalion, 8th Cavalry Regiment during the time it was awarded the RVN Civil Actions Honor Medal, First Class, and the RVN Gallantry Cross with Palm Unit Citation Badge, and is therefore entitled to these awards. Administrative action should be taken to correct his records to add these awards.
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.
NOTE: The ARBA Support Division, St. Louis, will be requested to administratively correct the applicant’s records to show award of the RVN Civil Actions Honor Medal, First Class, and the RVN Gallantry Cross with Palm Unit Citation Badge.
BOARD VOTE:
________ ________ ________ GRANT
________ ________ ________ GRANT FORMAL HEARING
__RJW _ __BJE __ __JPI___ DENY APPLICATION
| CASE ID | AR2001057593 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2001/08/02 |
| 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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