| Mr. Carl W. S. Chun | Director | |
| Mr. Vic Whitney | Analyst |
| Mr. Fred N. Eichorn | Chairperson | |
| Mr. Lester Echols | Member | |
| Ms. Margaret K. Patterson | Member |
APPLICANT REQUESTS: That he be awarded the Purple Heart.
APPLICANT STATES: That he had shrapnel injuries to his jaw and neck. He submits a statement from a former fellow soldier and a Department of Veterans Affairs (DVA) examination report in support of his application.
EVIDENCE OF RECORD: The applicant's military records show:
The applicant enlisted and entered active duty on 1 February 1968. After completion of training as an engineer equipment mechanic he was assigned to Germany. He later served in Vietnam from 31 January through 15 December 1970. He was separated from active duty in the pay grade of E-5 effective 16 December 1970.
The applicant’s DD Form 214 (Report of Transfer or Discharge), which he authenticated with his signature, does not list the Purple Heart as an authorized award. His DA Form 20 (Qualification Record) lists no wounds in block 40 (Wounds) or the Purple Heart in block 41 (Awards and Decorations). There are no military medical records available for review.
Based on the applicant’s Vietnam service he is entitled to have three bronze service stars added to his Vietnam Service Medal. He is also entitled to the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation that was awarded to his unit during his service in Vietnam.
The statement provided by the former fellow soldier states that he was with the applicant in August or September 1970, when their motor pool was struck by enemy mortar fire. He makes no mention that either of them was wounded or injured as a result of this enemy action.
A DVA Compensation and Pension Exam Report, dated 23 October 1997, states that the applicant reported a history of shrapnel wounds to the left cheek and neck. The exam report noted evidence of a panographic radiograph, which showed radiodense areas of the left cheek.
The applicant’s name is not listed on the Vietnam casualty roster.
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 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. A careful review of the applicant’s available records fail to support his contention that he was wounded in combat while in Vietnam and entitled to an award of the Purple Heart.
2. The statement from the former fellow soldier provides no credible evidence to support the applicant’s contention that enemy mortar shrapnel wounded him. The statements of individuals are inadequate as the sole basis for an award of the Purple Heart because they do not fulfill the regulatory requirement that there be a record of medical treatment. However, they are normally accepted as a substantiation of the combat or the enemy origin of a wound for which there is a record of treatment.
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.
NOTE: The Army Review Boards Agency Support Division will be asked to administratively correct the applicant’s records to show his entitlement to three bronze service stars for the Vietnam Service Medal and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
BOARD VOTE:
________ ________ ________ GRANT
________ ________ ________ GRANT FORMAL HEARING
__fe___ ___le___ ___mp_____ DENY APPLICATION
| CASE ID | AR2001062170 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20020207 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 107.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2009 | 20090006665
There is no evidence in the available records which shows that the applicant was awarded the Purple Heart or that he 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 and photographs provided by the applicant are not sufficient as a basis for award of the Purple Heart. Regrettably, there is insufficient evidence on...
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 | CY2006 | 20060001070C070205
There are no orders in the applicant’s service personnel record which show that he was awarded the Purple Heart. This ruling, in effect, granted the Service Secretaries the authority to award the Purple Heart to individuals directly engaged in armed conflict that were killed or wounded as a result of "friendly fire." Therefore, in the absence of official documentary evidence substantiating medical treatment of the applicant's wounds, there is insufficient evidence upon which to base award...
ARMY | BCMR | CY2012 | 20120007166
There is no evidence in the available records which shows the applicant was awarded the Purple Heart or was wounded as a result of hostile action in Vietnam. There is no evidence in the available record that shows he was wounded as a result of hostile action in Vietnam. In the absence of corroborating evidence showing he was injured and treated for wounds as a result of hostile action in Vietnam, the eyewitness statement and military photograph provided by the applicant are not sufficient...
ARMY | BCMR | CY2002 | 2002082222C070215
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. 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. That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the first award of the Good Conduct...
ARMY | BCMR | CY2008 | 20080000614
The applicant contends that his records should be corrected to show the award of the Purple Heart, because he received shrapnel wounds to the right side of his head in March 1970, while serving as an Infantry Unit Commander in the Republic of Vietnam. Therefore, he is entitled to correction of his records to show three bronze service stars to be affixed on his Vietnam Service Medal. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual...
ARMY | BCMR | CY2009 | 20090003891
The applicant states that he earned the Purple Heart while he was serving in Vietnam by being wounded during an enemy mortar attack. A review of the applicants Official Military Personnel File (OMPF) does not contain evidence that the applicant was ever wounded as a result of hostile action by enemy forces while he was 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.
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The applicant requests he be granted a reconsideration of the denial for award of the Purple Heart and to be shown to be entitled to award of the Ranger Tab. Therefore, there is insufficient evidence to award the applicant the Purple Heart. _______ _ X_______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ARMY | BCMR | CY2011 | 20110006775
Application for correction of military records (with supporting documents provided, if any). His service record does not contain orders that show he was awarded the Purple Heart or the Bronze Star Medal or medical documentation that shows he was wounded as a result of hostile action in Vietnam. However, his service record is void of evidence and he has not provided any evidence that shows he was recommended for or awarded the Bronze Star Medal.
ARMY | BCMR | CY2013 | 20130019060
Application for correction of military records (with supporting documents provided, if any). His Official Military Personnel File does not contain any documentation indicating he was wounded in action or that he was awarded the Purple Heart. A supporting statement from a former Soldier (name illegible), dated 17 June 2011, shows the former Soldier stated he served in the applicant's squad.