| Mr. Carl W. S. Chun | Director | |
| Ms. Deborah L. Brantley | Senior Analyst |
| Ms. Jennifer L. Prater | Chairperson | |
| Mr. Arthur A. Omartian | Member | |
| Ms. Regan K. Smith | Member |
APPLICANT REQUESTS: Award of the Purple Heart.
APPLICANT STATES: He was wounded during a rocket attack on his compound on 26 October 1967. In support of his request he submits an undated newspaper article noting an enemy attack on "U.S. military installations at Pleiku and Lai Khe" in which one person was killed and 20 others wounded. He also submits two undated photographs (one of an individual with a bandage on his nose and the other of an individual holding a piece of scrap metal), and extracts from his medical records noting treatment of a "traumatic laceration" to the inside of his nose on 27 October 1967 and a July 1977 medical document noting a "foreign body" in the applicant's left hand. The applicant maintains that both injuries resulted from the 26 October 1967 rocket attack on his compound.
EVIDENCE OF RECORD: The applicant's military records show:
He entered active duty on 3 October 1966. While undergoing training he was awarded a Sharpshooter Badge with "Rifle" bar, which was omitted from his 1969 separation document.
The applicant served in Vietnam between August 1967 and May 1969. He was released from active duty on 10 May 1969. His separation document reflects entitlement to the National Defense Service Medal, Vietnam Service Medal and Vietnam Campaign Medal.
The medical documents submitted by the applicant do not confirm the applicant's "traumatic laceration" to his nose in 1967 or the "foreign body" in his left hand resulted from hostile action. The newspaper article is undated and does not list any individuals by names. His separation physical examination, conducted in conjunction with his release from active duty, makes no reference to treatment of any wounds sustained as a result of hostile action, and the applicant's name is not listed on the Vietnam Casualty List.
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.
By virtue of the applicant's service in Vietnam he is entitled to one Republic of Vietnam Gallantry Cross Unit Citation with Palm, and a bronze and silver service star on his Vietnam Service Medal denoting participation in six designated campaign periods (Vietnam Counteroffensive-Phases III, IV, V, VI, TET Counteroffensive, and TET 69 Counteroffensive).
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. While the Board does acknowledge that the applicant received treatment for an injury to his nose in 1967 while in Vietnam, there is insufficient evidence to confirm that the applicant's "traumatic laceration" and the "foreign body" in his left hand resulted from hostile action. As such, the Board concludes there is no basis to award the applicant 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.
NOTE: Officials at the ARBA Support Division in St. Louis are requested to administratively correct the applicant’s separation document to reflect award of a Sharpshooter Qualification Badge with "Rifle" bar, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, and a bronze and silver service star on his Vietnam Service Medal.
BOARD VOTE:
________ ________ ________ GRANT
________ ________ ________ GRANT FORMAL HEARING
__JLP __ __AAO __ __RKS __ DENY APPLICATION
| CASE ID | AR2001066139 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20020604 |
| 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. | 107.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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