| Mr. Carl W. S. Chun | Director | |
| Ms. Deborah L. Brantley | Senior Analyst |
| Mr. Fred N. Eichorn | Chairperson | |
| Mr. Ted S. Kanamine | Member | |
| Mr. John T. Meixell | Member |
APPLICANT REQUESTS: Award of the Purple Heart.
APPLICANT STATES: In effect, that he was a crew chief on a helicopter when it "went down." He noted that they (the helicopter crew) did not know if they had been hit, but they all had cuts and bruises and he (the applicant) eventually got Hepatitis B and C. He notes that he was hospitalized in Vietnam and Japan but never received the Purple Heart. He states that the reason he did not receive the award was because the individual who was "in charge of putting [him] in for the Purple Heart was gay and [he] turned down his advances." He states he was awarded disability for Hepatitis B and C and would like his records to reflect this information. Although the applicant indicates he submitted his medical records, the Board received no such records.
EVIDENCE OF RECORD: The applicant's military records show:
The Board considered the applicant’s request on 4 December 2001 and, although they voted to deny relief, the Board, by unanimous vote, determined that the applicant’s failure to file within the statutory time limits should be excused. Hence the applicant’s case has been reconstituted to excuse his failure to timely file.
He was inducted on 8 September 1967 and on 13 September 1967 was discharged for the purpose of immediate reenlistment. In April 1968 he was assigned to Vietnam where he performed duties as a helicopter mechanic, toolroom keeper, and crew chief.
In March 1969, while assigned as a crew chief with the 243rd Assault Support Helicopter Company, he was transferred, in a patient status, to the 106th General Hospital. There is no indication in available records regarding the basis for his hospitalization.
In April 1969 he returned to the United States and completed his enlistment contract at Fort Eustis, Virginia. On 15 September 1970 he was released from active duty with an honorable characterization of service. Neither his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), nor his DA Form 20 (Enlisted Qualification Record), reflects entitlement to the Purple Heart and item 40 (wounds) on his DA Form 20 is blank. The applicant authenticated his DA Form 20 on 26 June 1970 and his DD Form 214 on the day of his separation.
Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for wounds 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. There is no evidence, nor has the applicant provided any, which confirms he was wounded as a result of hostile action while in Vietnam and as such there is no basis for an award of 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 that requirement.
3. 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 __ __TSK __ __JTM __ DENY APPLICATION
| CASE ID | AR2001063167 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20010110 |
| 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. | 142.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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