| Mr. Carl W. S. Chun | Director | |
| Ms. Wanda L. Waller | Analyst |
| Mr. Fred N. Eichorn | Chairperson | |
| Ms. Barbara J. Ellis | Member | |
| Ms. Karen Y. Fletcher | Member |
APPLICANT REQUESTS: Correction of his DD Form 214 (Report of Transfer or Discharge) to show two awards of the Purple Heart (correctly known as the Purple Heart with First Oak Leaf Cluster).
APPLICANT STATES: That he was wounded by a punji stake/spike in Vietnam in April 1968 and was wounded again on 1 June 1968. In support of his application, he submits a copy of his DD Form 214 and an eyewitness statement, dated 13 June 2001.
COUNSEL CONTENDS: The Veterans of Foreign Wars, as counsel for the applicant, was notified of the applicant’s pending review by the Board; however, no brief was submitted.
EVIDENCE OF RECORD: The applicant's military records show:
The applicant enlisted on 1 November 1965 for a period of 3 years. On
20 December 1966 the applicant reenlisted for a period of 4 years. He served as an indirect fire crewman in Vietnam from 24 March 1968 through 31 March 1969 and was honorably released on 30 March 1971.
The applicant’s DD Form 214, which was authenticated in his own hand, does not show any award of the Purple Heart as an authorized award.
There is no evidence in the available records which shows that the applicant was awarded the Purple Heart or was wounded as a result of hostile action in Vietnam.
The applicant’s name does not appear on the Vietnam Casualty Roster.
The applicant provided an eyewitness statement, dated 13 June 2001, from a fellow soldier attesting that the applicant received a punji wound to the backside of his left knee when he slipped off a rice paddy dike. The soldier also states that the applicant was wounded on the backside of his right elbow when a booby trapped shell was tripped and set off.
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. 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.
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 noted the applicant’s contention that he was wounded on two occasions in Vietnam. However, there is no evidence of record which shows that he was wounded or treated for wounds due to hostile action in Vietnam.
2. The Board also considered the eyewitness statement provided in support of the applicant’s claim for two awards of the Purple Heart. However, this statement made over 32 years after the fact is not sufficient by itself as a basis for any award of the Purple Heart in view of evidence of record which shows the applicant was not wounded. Therefore, the applicant is not entitled to correction of his discharge document to show any 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
FNE____ BJE_____ KYF_____ DENY APPLICATION
| CASE ID | AR2001059169 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20011108 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | (DENY) |
| REVIEW AUTHORITY | |
| ISSUES 1. | 107.0015 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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