| Mr. Carl W. S. Chun | Director | |
| Mr. Walter Avery, Jr. | Analyst |
| Mr. Raymond V. O'Connor, Jr. | Chairperson | |
| Mr. John P. Infante | Member | |
| Ms. Regan K. Smith | Member |
APPLICANT REQUESTS: That his record be corrected to show that he was wounded in Vietnam, and in effect, that he be awarded the Purple Heart.
APPLICANT STATES: That he is entitled to the Purple Heart for injuries received while serving in Vietnam. He believes these injuries earned him the Purple Heart.
In support of his request, he submits a copy of a clinical record. It reflects that the applicant was admitted for medical treatment on 23 November 1966, because he had a history of having sustained 1st and 2nd degree burns to the trunk and torso area and 1st and 2nd degree burn to both upper and lower extremities. The injury was sustained in Vietnam on 19 November 1966 when a gasoline line exploded.
EVIDENCE OF RECORD: The applicant's military records show:
He entered the Regular Army on 11 December 1964, was trained as a combat construction specialist, and served with the 39th Engineer Battalion in Vietnam from 9 September 1966 to 21 November 1966. He later served in Korea from 5 January 1967 to 28 September 1967. He was promoted to specialist, and was honorably released from active duty to the US Army Reserve on 29 September 1967. He reenlisted on 27 January 1969 and was released on 17 March 1969 for failure to meet medical fitness standards at time of enlistment.
His awards include the National Defense Service Medal, the Vietnam Service Medal and the Good Conduct Medal.
In addition to the foregoing awards, his record reveals that he qualified Expert with the M-14 rifle.
The clinical record submitted does indicate that the applicant was injured in Vietnam.
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 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).
DA Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, lists units, which have been awarded unit citations, battle credits and foreign awards. The register shows that the 39th Engineer Battalion was awarded the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
AR 600-200 provides, in pertinent part, that Item 40 (Wounds) of the DA Form 20 will contain a brief description of wounds or injuries (including injury from gas) requiring medical treatment, received through hostile or enemy action, including those requiring hospitalization.
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 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 clinical record submitted in support of his request for the Purple Heart shows that his injury was incurred when a gasoline line exploded. There is no evidence that the injury was the result of hostile action. It appears to reflect an accident. Such an accident does not meet the criterion for award of the Purple Heart. Accidental injuries, even though they may occur in a combat zone, that are not directly attributable to an act of the enemy, are not considered wounds received in action and do not entitle the individual to the Purple Heart.
2. 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 either requirement.
3. Nonetheless, in reviewing his case it was noted that he is entitled to the Meritorious Unit Commendation and the Vietnam Gallantry Cross with Palm Unit Citation, and the Expert Badge with rifle bar. Accordingly, the Army Review Board Agency Support Division, St. Louis will be requested to issued him a correction to his separation document reflecting 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 Army Review Boards Agency Support Division, St. Louis will be requested to provide the applicant with a correction to his separation document which shows he was awarded the Meritorious Unit Commendation, the Vietnam Gallantry Cross with Palm Unit Citation, and the Expert Badge with rifle bar.
BOARD VOTE:
__jpi __ ___rks __ ___rvo __ GRANT
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
Carl W. S. Chun
Director, Army Board for Correction
of Military Records
INDEX
| CASE ID | AR2001062082 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20020307 |
| 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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ARMY | BCMR | CY1995 | 9508529C070209
APPLICANT REQUESTS: That his records be corrected to reflect that he was awarded the Purple Heart and the Air Medal for service in Vietnam. 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. The same regulation provides that the Air Medal is awarded to any person who, while serving in any capacity in or with the US Army will have distinguished himself or herself by meritorious...
ARMY | BCMR | CY2014 | 20140011950
The applicant provides copies of: * his PH certificate * two medical records * his DD Form 214 * three letters of support * a National Personnel Records Center (NPRC) letter CONSIDERATION OF EVIDENCE: 1. a. DA Form 4980-10 (PH Certificate), dated 20 May 1967, that shows he was awarded the PH for wounds received in action during the month of May 1967 in the RVN. The evidence of record (i.e., the applicant's military medical records, his PH certificate, and The Adjutant General's Office,...
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ARMY | BCMR | CY2008 | 20080010888
The applicant requests correction of item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214 (Report of Transfer or Discharge) to show award of the Purple Heart, the Army Commendation Medal, the Soldiers Medal, and the Good Conduct Medal. 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. As a result, the Board...
ARMY | BCMR | CY2010 | 20100015941
The applicant provides the following documents: * a self-authored statement * Department of Veterans Affairs (VA) medical documents * Service medical documents * his DD Form 214 * a newspaper article * a Purple Heart certificate CONSIDERATION OF EVIDENCE: 1. However, the Purple Heart was not recorded on his DD Form 214. The evidence provided by the applicant is sufficient as a basis to correct his DD Form 214 to show award of the Purple Heart.
ARMY | BCMR | CY2010 | 20100015568
The applicant states: * His DD Form 214 shows one award of the Purple Heart * He was injured three times and he only received two awards of the Purple Heart * The awards section on his DA Form 20 is missing a third Purple Heart, the Republic of Vietnam Campaign Medal, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar * His DD Form 214 and DA Form 20 should both include all his medals and honors 3. The applicant provides: * page 4 of his DA Form 20 * general orders for the...
ARMY | BCMR | CY2009 | 20090003412
There is no entry in item 41 (Awards and Decorations) of the applicant's DA Form 20 showing he was awarded either the Purple Heart or the Combat Infantryman Badge. The evidence shows that the applicant was awarded the Combat Infantryman Badge; however, it was not included on his DD Form 214 when he was released from active duty. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting the Vietnam Service Medal [the...
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The applicant provides his DD Form 214 and a DA Form 8-275-3 (Clinical Record Cover Sheet) dated 18 March 1967. Department of the Army General Order Number 8, dated 1974, awarded all units assigned to the United States Army Vietnam from 8 February 1962 through 28 March 1973 the Republic of Vietnam Gallantry Cross with Palm Unit Citation. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Purple Heart...
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