Mr. Carl W. S. Chun | Director | |
Ms. Joyce A. Wright | Analyst |
Mr. Raymond V. O’Connor, Jr. | Chairperson | |
Ms. Regan K. Smith | Member | |
Mr. Donald P. Hupman | Member |
APPLICANT REQUESTS: Award of the Purple Heart.
APPLICANT STATES: That he received injuries to his right ear and shrapnel
to his right side on 10 December 1967, and injured his right wrist in 1968. In support of his application he submits a copy of his DD Form 214 (Report of Transfer or Discharge) and a newspaper clipping from the American Traveler.
EVIDENCE OF RECORD: The applicant's military records show he was inducted on 9 March 1967, as a light weapons infantryman (11B). He served
in Vietnam from 5 August 1967 to 31 July 1968, and was honorably discharged on 8 March 1969.
His discharge document does not show the Purple Heart as an authorized award.
There are no orders in the applicant’s service personnel records which show that he was awarded the Purple Heart. There also is no evidence in his records, or medical records to indicate that he was wounded or treated for wounds as a result of hostile action.
His DA Form 20 (Enlisted Qualification Record) does not show any entry in item 40 (Wounds) or list the Purple Heart in item 41 (Awards and Decorations).
The applicant provided a copy of a newspaper clipping from the American Traveler which stated that a grenade blew the applicant out of a bunker
entrance, giving him a rough push to safety, but not wounding him.
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, and the medical treatment
must have been made a matter of official record.
Information provided by the Awards Branch of the Total Army Personnel Command revealed that the applicant’s name did not appear on the Vietnam Casualty Roster for a wound during the time frame of 1967-1968.
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 Board notes the applicant’s contentions that he received injuries to his right ear and shrapnel to his right side on 10 December 1967, and injured his right wrist in 1968. However, there is no evidence in the available record, and the applicant has provided no evidence, to show that his injuries were the result of hostile action.
2. The Board considered the newspaper clipping from the American Traveler which stated that a grenade blew the applicant out of a bunker entrance,
giving him a rough push to safety, but not wounding him. However, the article clearly stated that he was not wounded and is not sufficient by itself as a basis for award of the Purple Heart. Therefore, there is insufficient evidence to support the award of the Purple Heart to the applicant.
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
__ro____ ___rs___ __dh____ DENY APPLICATION
CASE ID | AR2001058714 |
SUFFIX | |
RECON | |
DATE BOARDED | 20011016 |
TYPE OF DISCHARGE | HD |
DATE OF DISCHARGE | 19721102 |
DISCHARGE AUTHORITY | AR 635-40, C, 5 |
DISCHARGE REASON | |
BOARD DECISION | DENY |
REVIEW AUTHORITY | |
ISSUES 1. 61 | |
2. | |
3. | |
4. | |
5. | |
6. |
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The communications center where the applicant was assigned was also under attack and explosions were occurring all around them. Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained as a result of hostile action. Based on these statements, it appears the applicant ran from the communications center during the mortar fire attack and ran into the wall surrounding the building and knocked himself unconscious.
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The applicant requests, in effect, award of the Purple Heart. There are no orders in the applicant's military personnel records awarding him the Purple Heart. However, by regulation, in order to support award of the Purple Heart, there must be evidence confirming that the wound for which the award is being made was received as a direct result of or was caused by enemy action, that the wound was treated by medical personnel, and a record of this treatment must have been made a matter of...