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 a shrapnel wound to the “top of his left foot and busted his ear drum.” He was wounded in a mortar or rocket attack during the time frame of 1968 to 1969, lost his hearing for one day, and was not hospitalized. He also states that his wound was so small, healed, and was not recorded. He further states that he was discharged from Valley Forge General Hospital in the summer of 1972 without a complete examination. In support of his application, he submits five DD Forms 214 (Report of Transfer or Discharge).
EVIDENCE OF RECORD: The applicant's military records show he enlisted
on 28 June 1958. He continued to serve through a series of continuous reenlistments until he was honorably discharged under the provisions of Army Regulation 635-40, paragraph 5-8e(3), physical disability with severance pay,
on 2 November 1972.
He served in Vietnam from 5 August 1968 to 23 September 1969, and from 15 February 1970 to 19 February 1971.
His discharge documents do 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 that show 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’s medical records are unavailable for review by this Board.
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 provide 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 1968-1969.
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 contention that he received a shrapnel wound to the top of his left foot and was wounded in a mortar or rocket attack during the time frame of 1968 to 1969. However, there is no evidence in the available record, and the applicant has provided no evidence, to support his contentions.
2. There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he was injured or wounded due to hostile action during Vietnam. Therefore, the applicant is not entitled to 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
__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. |
ARMY | BCMR | CY2011 | 20110003103
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. He requests, through his Congressional representative, reconsideration of the Army Board for Correction of Military Records (ABCMR) decision denying him the award of the Purple Heart. The service medical treatment record, provided by the applicant, indicates that on 5 July 1969 he was treated for a puncture wound on the bottom of his right foot and had sand debris in the wound.
ARMY | BCMR | CY2014 | 20140017020
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.
ARMY | BCMR | CY2011 | 20110016507
Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) does not show a combat wound and item 41 (Awards and Decorations) of this form does not show award of the Purple Heart. Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record: a. Notwithstanding his sincerity as well as that of his buddies, in the...
ARMY | BCMR | CY2008 | 20080012770
The applicant states, in effect, he sustained shrapnel wounds during a mortar and rocket attack on the evening of 26 March 1969 while stationed at Dong Tam base camp in the Republic of Vietnam (RVN). The applicant contends, in effect, that his request for award of the Purple Heart should be reconsidered based on new evidence he presents concerning shrapnel wounds he sustained during a mortar and rocket attack on the evening of 26 March 1969 while stationed at Dong Tam base camp in the RVN. ...
ARMY | BCMR | CY2009 | 20090002864
There is no evidence in the available records which show that the applicant was awarded the Purple Heart or was wounded as a result of hostile action in Vietnam. In the absence of orders or other evidence of record showing that the applicant was injured or treated for wounds as a result of hostile action in Vietnam, the statements provided by the applicant are not sufficient as a basis for award of the Purple Heart. Even the applicant's former first sergeant only stated that the applicant...
ARMY | BCMR | CY2009 | 20090004255
The applicant requests correction of his military records by awarding him the Purple Heart and showing it on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). A SF Form 93 (second page only), dated 1 August 1976 and provided by the applicant, shows that the applicant had reported receiving shrapnel wounds while serving in the Republic of Vietnam. The evidence provided by the applicant reports that he had received shrapnel wounds during an enemy rocket and...
ARMY | BCMR | CY2013 | 20130012493
Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained while in action against and enemy or 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 medical personnel, and the medical treatment must have been made a matter of official record. However, in the absence of orders or documentation that conclusively shows he was...
ARMY | BCMR | CY1997 | 9710697
APPLICANT REQUESTS : Correction of his military records to show that he was awarded the Purple Heart. EVIDENCE OF RECORD : The applicant's military records show: The applicant has failed to show through the evidence submitted with his application that he meets the criteria for award of the Purple Heart.
ARMY | BCMR | CY2014 | 20140015467
Application for correction of military records (with supporting documents provided, if any). There is no evidence of record that shows he was injured or wounded as a result of hostile action or that he was awarded the Purple Heart. Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action.
ARMY | BCMR | CY2009 | 20090003778
The rating decision states the applicant had been treated for a wound he sustained to his left knee in February 1969. The applicant was wounded a second time in the left knee, in February 1969. While the evidence shows he received treatment by medical personnel for a wound that he sustained to his left knee, there is no evidence that shows he was wounded as a result of hostile action.