| Mr. Carl W. S. Chun | Director | |
| Mr. Robert J. McGowan | Analyst |
| Mr. Raymond V. O'Connor, Jr. | Chairperson | |
| Ms. Celia L. Adolphi | Member | |
| Mr. John T. Meixell | Member |
APPLICANT REQUESTS: That his records be corrected to show that he was awarded a Purple Heart (PH) and a Combat Action Ribbon (CAR).
APPLICANT STATES: That he was wounded in Vietnam. At the time, he didn’t care about a PH, but now, for some reason, receiving the PH is important to him. He adds that, according to the Department of Veterans Affairs (VA), he is 30% disabled from shell fragment wounds to the left neck and forehead.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted in the Regular Army for 3 years on 22 August 1968. Following Basic Combat Training at Fort Campbell, Kentucky, and Advanced Individual Training at Fort Lee, Virginia, he was awarded military occupational specialty (MOS) 94B, Cook, and sent to Vietnam.
The applicant served in Vietnam as a cook in the 167th Signal Company from 23 January 1969 through 3 September 1970. He returned to Vietnam on 28 October 1970 and served as a cook in the US Army Strategic Communications Command Regional Communications Group (Vietnam) through 27 October 1971.
The applicant was honorably discharged on 28 October 1971 at the US Army Personnel Center, Oakland, California. He had 3 years, 2 months, and 7 days of creditable active Federal service and no lost time. His DA Form 20 (Enlisted Qualification Record) contains no entry in Block 40 (Wounds); it does not reflect a PH in Block 41 (Awards and Decorations). His SF 88 and SF 89 (Report of Medical Examination, and Report of Medical History) do not reflect any wounds or abnormalities to the head, neck, face, or scalp region on his separation from the Army.
Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart (PH) is awarded for a wound sustained as a result of hostile action. Substantiating evidence must be provided to verify that: (1) the wound was the result of hostile action; (2) the wound required medical treatment; and (3) the medical treatment was made a matter of official record.
The CAR was authorized by the Secretary of the Navy on 17 February 1969 to be awarded to members of the Navy, Marine Corps and Coast Guard for combat action service.
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. 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.
2. While the applicant served almost 2 years in Vietnam, there is no proof in his service record that he was ever wounded. Neither his DA Form 20, nor his SFs 88 and 89 indicate that he was wounded in action.
3. The applicant has provided no evidence to support his claim that he was wounded. Disability ratings awarded by the VA are not sufficient to establish entitlement to the PH.
4. The applicant is not entitled to the CAR; the CAR is a Department of the Navy award for sailors, marines, and coast guardsmen.
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
_RVO___ __CLA___ __JTM__ DENY APPLICATION
| CASE ID | AR2001064725 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20020228 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | DIRECTOR |
| ISSUES 1. | 107.0015 |
| 2. | 107.0030 |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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