| Mr. Carl W. S. Chun | Director | |
| Mr. Joseph A. Adriance | Analyst |
| Ms. Irene N. Wheelwright | Chairperson | ||
| Mr. Stanley Kelley | Member | ||
| Ms. Karen A. Heinz | Member |
APPLICANT REQUESTS: In effect, that he be awarded the Purple Heart (PH).
APPLICANT STATES: In effect, that on 5 June 1970, he was treated for a bleeding head wound, shock, and back pain. He claims that he was interviewed for the PH and provided information for a hometown release of news; however, this process was never completed. In support of his application, he submits various medical evaluation documents from the Department of Veterans Affairs (VA) between the years 1985 and 2001.
EVIDENCE OF RECORD: The applicant's military records show:
On 9 July 1969, he enlisted in the Regular Army for 3 years. He was trained in military occupational specialty (MOS) 63B (Wheel Vehicle Mechanic) at Fort Jackson, South Carolina, and upon completion of training, he was assigned to the Republic of Vietnam (RVN).
On 10 December 1969, he arrived in the RVN and was further assigned to Company A, 46th Engineer Battalion, to perform duties as a general vehicle repairman. He served in the RVN until 12 November 1970, at which time he was reassigned to Fort Meade, Maryland. On 21 December 1970, he arrived at Fort Meade and he served there until 14 January 1972, when he was honorably separated after completing 2 years, 6 months, and 6 days of his enlistment. The separation document (DD Form 214) issued to and authenticated by him on the date of his separation does not include the PH as an authorized award.
The applicant’s Enlisted Qualification Record (DA Form 20) shows that during this enlistment period he earned the following awards: National Defense Service Medal; Vietnam Service Medal; Vietnam Campaign Medal with 60 Device; RVN Civil Actions Honor Medal; Army Commendation Medal; and Good Conduct Medal. The awards listed in his record do not include the PH and there is no entry in block 40 (wounds) that would indicate he was wounded in action during this period of service. In addition, there are no medical records available from this enlistment that show the applicant was ever wounded or injured in action during his tour in the RVN.
The applicant subsequently reenlisted and served for 3 years between 13 April 1973 and 12 April 1976. He reenlisted a second time on 22 September 1976 and was discharged from this period of service under other than honorable conditions on 27 July 1979, after completing just 2 months and 1 days of creditable service on the enlistment and accruing 975 days of time lost due to being absent without leave (AWOL).
None of the military personnel or medical records from any of his periods of service contain any reference to his being wounded in action or receiving the PH. Further, there is no indication in his records that he ever raised his PH entitlement as an issue during any of these enlistment periods or when he processed for separation from them.
In support of his application, the applicant provides various medical evaluation documents prepared by the VA at different times between the years 1985 and 2001. These documents make reference to an injury the applicant received during his first enlistment; however, no specific reference or confirmation of his being wounded in action is documented.
Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual military awards. Paragraph 2-8 contains the regulatory guidance pertaining to awarding the PH. It states, in pertinent part, that the PH is awarded to any member wounded or killed while engaged in action against an armed enemy or hostile force.
Paragraph 9-8b (2) defines a wound as an injury to any part of the body from an outside force or agent while engaged in action against the enemy. It also specifically states that in order to support awarding a member the PH, it is necessary to establish that the wound, for which the award is being made, required treatment by a medical officer. This treatment must be supported by records of medical treatment for the wound or injury received in action, and 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. Notwithstanding the contention of the applicant, after carefully examining the available evidence of record and the independent evidence submitted by him, the Board finds an insufficient evidentiary basis on which to support awarding the PH.
2. The available evidence contains no information to support the applicant’s claim of entitlement to the PH and there are no medical records available that verify that he was ever treated for a wound or injury received in action by a medical officer or that any treatment for a wound was ever made a matter of official record.
3. Further, the evidence of record contains no suggestion that the applicant raised the PH issue at the time of his separation when he authenticated the
DD Form 214 issued to him that did not list the PH as an earned award. There is also no evidence of record to show he ever raised this issue during any of his subsequent periods of service.
4. 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.
5. 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
__INW___ ___SK__ __KAH___ DENY APPLICATION
| CASE ID | AR2001061930 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 2001/11/15 |
| TYPE OF DISCHARGE | N/A |
| DATE OF DISCHARGE | N/A |
| DISCHARGE AUTHORITY | N/A |
| DISCHARGE REASON | N/A |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. 61 | 107.0015 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. The separation document (DD Form 214) issued to and authenticated by the applicant with his signature on the date of his separation, 13 April 1970, lists the following awards he earned during his tenure on active duty in Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons...
ARMY | BCMR | CY2002 | 2002070667C070402
The Board notes the applicant contention that he was wounded in action in the RVN and is entitled to the PH. By regulation, in order to support an award of the PH, it is necessary to establish that a member was wounded in action and that the wound, for which the award is being made, required treatment by a medical officer. That all of the Department of the Army records related to this case be corrected by awarding the individual concerned the first award of the Army Good Conduct Medal for...
ARMY | BCMR | CY2004 | 20040011304C070208
The DD Form 214 he was issued for this period of active duty service shows he earned the National Defense Service Medal (NDSM), Vietnam Service Medal (VSM), RVN Campaign Medal and Sharpshooter Qualification Badge with Rifle Bar. The record provides no evidence that he was ever wounded in action, or awarded the PH, as evidenced by the absence of an entry in Item 40, and by the PH not being included in the list of authorized awards in Item 41 of his DA Form 20. Therefore, the Board requests...
ARMY | BCMR | CY2005 | 20050007936C070206
The applicant’s Enlisted Qualification Record (DA Form 20) shows he served in the RVN from 16 August 1970 through 15 August 1971. The applicant’s Military Personnel Records Jacket (MPRJ) contains no orders or other documents that indicate he was ever wounded in action, or awarded the PH. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show his entitlement to the Army Commendation Medal, Republic of Vietnam Gallantry...
ARMY | BCMR | CY2007 | 20070007284C080407
Item 40 (Wounds) of the applicant's DA Form 20 is blank and the PH is not included in the list of awards contained in Item 41 (Awards and Decorations). However, by regulation, in order to support award of the PH, there must be evidence confirming the wound for which the award is being made was received as a result of or was caused by enemy action, that the would required treatment by military medical personnel, and a record of this medical treatment must have been made a matter of official...
ARMY | BCMR | CY2001 | 2001057988C070420
I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. This document contains no reference to the applicant being wounded in action or being awarded the PH. The Board finds that the entry in block 40 (Wounds) of the applicant’s DA Form 20, which confirms he was wounded in action while serving as a PFC in the RVN on 13 February 1968, coupled with the DA...
ARMY | BCMR | CY2005 | 20050006475C070206
The applicant states, in effect, that he was wounded while serving in the Republic of Vietnam (RVN), but was never recommended for, or awarded the PH. The applicant’s Military Personnel Records Jacket (MPRJ) contains no orders or other documents that indicate he was ever wounded in action, or awarded the PH. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show his entitlement to the Republic of Vietnam Gallantry...
ARMY | BCMR | CY2003 | 2003088882C070403
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ARMY | BCMR | CY2004 | 20040011669C070208
Michael J. Flynn | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. Item 40 (Wounds) of the applicant’s DA Form 20 is blank, indicating he was never wounded/injured in action while serving on active duty. Item 41 of the DA Form 20 does not include the PH in the list of authorized awards.
ARMY | BCMR | CY2001 | 2001058618C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. EVIDENCE OF RECORD : The applicant's military records show: There are no entries in this document that indicate that the applicant was entitled to the PH on the date of his separation nor does it confirm that he was ever wounded or injured during his tenure on active duty.