| Mr. Carl W. S. Chun | Director | |
| Mr. Lee Cates | Analyst |
| Mr. Raymond V. O'Connor, Jr. | Chairperson | |
| Mr. Elzey J. Arledge, Jr. | Member | |
| Ms. Regan K. Smith | Member |
APPLICANT REQUESTS: That his records be corrected to show he was wounded in May 1968 and is entitled to award of the Purple Heart (PH).
APPLICANT STATES: That his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show award of the PH. He further provides a statement in support of his claim concerning his injury. He states he was on ambush patrol and was ambushed and stepped in a hole or was tripped and injured his left leg. After this incident, he proceeded on to the intended ambush site.
EVIDENCE OF RECORD: The applicant's military records show:
On 2 November 1966, the applicant was inducted into the Army.
During the period 26 March to 16 October 1967, the applicant was assigned to the Officer Candidate School, Fort Benning, Georgia, until his release for personal reasons.
On 29 December 1967, he was assigned to a unit in Vietnam.
On 6 June 1968, he was medically evacuated to the US Army Hospital, Camp Zama, Japan for further evacuation to Walter Reed Army Medical Center, Washington, DC, on 12 July 1968. His diagnosis at the time was deep vein thrombophlebitis.
On 20 August 1968, a separation physical examination cleared the applicant for separation with the remark “Mild Swelling of left lower extremity” and a physical profile of 111111.
On 22 August 1968, the applicant was separated from active duty under Army Regulation 635-200, chapter 5, based on being an overseas returnee with insufficient service remaining to warrant another permanent change of station.
His Enlisted Qualification Record does not show any wounds, which would entitle the applicant to award of the PH.
Army Regulation 600-8-22 provides, in pertinent part, that the PH 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 applicant is not entitled to award of the PH based on the evidence of record. He has not shown entitlement to award of the PH.
2. His contentions have been noted; however, the applicant has not submitted sufficient evidence, nor is there evidence in the available records to support his request.
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
_rks____ _rvo____ _eja___ DENY APPLICATION
| CASE ID | AR2001063802 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20020131 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 107.015 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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