| Mr. Carl W. S. Chun | Director | |
| Ms. Wanda L. Waller | Analyst |
| Mr. Arthur A. Omartian | Chairperson | |
| Mr. Roger W. Able | Member | |
| Ms. Karen Y. Fletcher | Member |
APPLICANT REQUESTS: Award of the Purple Heart.
APPLICANT STATES: That he was hit by shrapnel in the left knee in Vietnam in 1967. In support of his application, he submits a Report of Medical History, dated 6 May 1982; his retirement DD Form 214 (Certificate of Release or Discharge from Active Duty) with an effective date of 30 June 1982; a letter from the Veterans Administration (VA), dated 24 March 1983; a citation and orders for the Army Commendation Medal; and a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of
15 September 1970.
EVIDENCE OF RECORD: The applicant's military records show:
The applicant was inducted on 28 March 1962 and honorably discharged on
7 June 1962 for immediate enlistment. He enlisted on 8 June 1962 for a period of 3 years. He served as a medical specialist in Vietnam from 20 July 1967 through 13 July 1968. The applicant remained on active duty through continuous reenlistments until he retired in the rank of sergeant first class on 30 June 1982.
The applicant’s DD Form 214 with an effective date of 15 September 1970, which was authenticated in his own hand, does not show the Purple Heart as an authorized award.
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.
His DA Form 20 (Enlisted Qualification Record) does not show entitlement to the Purple Heart and item 40 (Wounds) on his DA Form 20 is blank. The applicant’s name does not appear on the Vietnam Casualty Roster.
The applicant provided a copy of a Report of Medical History, dated 6 May 1982, which shows that he marked the “YES” block for item 20 “Have you ever had any illness or injury other than those already noted?” and that he provided the entry, “Shrapnel wound L [left] knee RVN [Republic of Vietnam] 1967” for explanation.
The applicant also provided VA documentation, dated 24 March 1983, which shows that his disabilities (dilated perforated veins (pain in both legs), contact dermatitis (both hands), and shrapnel wound left knee) are service-connected but they are less than 10 percent disabling and compensation is not payable.
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, 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 Board considered the applicant’s contention that he was hit by shrapnel in the left knee in Vietnam in 1967. The Board also considered the Report of Medical History wherein the applicant reported that he sustained a shrapnel wound to his left knee in Vietnam in 1967. However, there is no evidence of record which shows that the applicant was wounded or treated for wounds due to hostile action in Vietnam.
2. The applicant signed his discharge document on 15 September 1970 attesting to the fact that he was not entitled to award of the Purple Heart.
3. The preponderance of evidence in this case shows the applicant was not wounded or otherwise eligible for award of the Purple Heart.
4. The Board also noted the VA decision to award service connection for shrapnel wound left knee. However, this decision is not sufficient as a basis for award of the Purple Heart, particularly in view of the evidence of record which shows the applicant was not wounded and did not receive the Purple Heart.
5. Based on the foregoing, the Board determined that there is insufficient evidence on which to base award of the Purple Heart in this case.
6. 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.
7. 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
AAO____ RWA___ KYF_____ DENY APPLICATION
| CASE ID | AR2001065622 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20020404 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | (DENY) |
| REVIEW AUTHORITY | |
| ISSUES 1. | 107.0015 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2005 | 20050006107C070206
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. 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, the eyewitness statement provided by the applicant is not sufficient as a basis for award of the Purple Heart. Records show the applicant should have discovered the alleged error...
ARMY | BCMR | CY2009 | 20090003770
Application for correction of military records (with supporting documents provided, if any). He states that Executive Order 9277 states that the Purple Heart is to be awarded to persons who are wounded in action against an enemy of the United States, or as a result of an act of such enemy, provided such would necessitate treatment by a medical officer. The applicant was transferred from Vietnam on 13 April 1972 and he returned to the Continental United States.
ARMY | BCMR | CY2009 | 20090003778
The rating decision states the applicant had been treated for a wound he sustained to his left knee in February 1969. The applicant was wounded a second time in the left knee, in February 1969. While the evidence shows he received treatment by medical personnel for a wound that he sustained to his left knee, there is no evidence that shows he was wounded as a result of hostile action.
ARMY | BCMR | CY2002 | 2002072643C070403
The Board also noted that the applicant authenticated his discharge document which shows that he was not awarded the Purple Heart. Based on the foregoing, there is no basis for granting award of the Purple Heart in this case. The applicant’s DD Form 214, with a separation date of 14 June 1983, shows the Vietnam Service Medal as an authorized award.
ARMY | BCMR | CY2010 | 20100026430
No combat injuries or wounds are recorded on his medical records; however, an entry "scar to left leg" was entered on his Standard Form 88 (Report of Medical Examination). In this case, the applicant's name is not shown on the Vietnam casualty roster, his DA Form 20 is not available for review, his service record is void of any orders that show he was awarded the Purple Heart, his record is void of any official Army telegrams or Western Union telegrams, and there is no conclusive evidence...
ARMY | BCMR | CY2008 | 20080018391
He was recommended by his company commander for award of the Purple Heart but never received the certificate, medal, or added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). Army Regulation 600-8-22 states that the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. As a result, the Board recommends that all...
ARMY | BCMR | CY2006 | 20060000308C070205
He is requesting that a Purple Heart be awarded him at this time. There are no orders in the applicant's military personnel records awarding him the Purple Heart. 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 from the applicant's DD Form 214; b. awarding the applicant the Vietnam Service Medal, with four bronze service stars, and adding this award to his DD Form 214; c. awarding...
ARMY | BCMR | CY2003 | 2003090819C070212
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. There were no medical records available to the Board and the applicant provided none. Although the statements submitted in support of the applicant’s request do support the applicant’s petition for an award of the Purple Heart in the absence of more compelling medical evidence to support those statements, there is insufficient evidence on which to base an award of the Purple Heart.
ARMY | BCMR | CY2009 | 20090003706
Application for correction of military records (with supporting documents provided, if any). There is no documentation in the applicants military personnel records that shows he was wounded or treated for wounds as a result of hostile action. There is no evidence in the applicants military personnel records that shows he was wounded as a result of hostile action; his DA Form 20 does not list the Purple Heart in item 41; the applicant's name is not listed on the Vietnam Casualty Roster;...
ARMY | BCMR | CY2008 | 20080005385
The applicant requests that his Purple Heart be added to his separation document (DD Form 214). The applicants military records do not contain orders for the Purple Heart. There is no evidence of record to support the applicants contention that he was wounded by shrapnel while in Vietnam.