| Mr. Carl W. S. Chun | Director | |
| Ms. Beverly A. Young | Analyst |
| Mr. Raymond V. O’Connor | Chairperson | |
| Mr. John P. Infante | Member | |
| Ms. Regan K. Smith | Member |
APPLICANT REQUESTS: Award of the Purple Heart.
APPLICANT STATES: That he was hit in the left eye by shell fragments in Da Nang, Vietnam in 1968. He was told that he would receive the Purple Heart, but he never did. The applicant did not provide any documents in support of his application.
EVIDENCE OF RECORD: The applicant's military records show:
The applicant enlisted in the Regular Army on 9 January 1967 for a period of two years. He completed training as a petroleum storage specialist and served in Germany from 30 May 1967 through 19 June 1968. His personnel records do not indicate that he served in Vietnam. The applicant was honorably released from active duty on 31 January 1970.
The applicant’s DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), which was authenticated in his own hand at the time of his separation from the Service, does not show the Purple Heart as an authorized award.
There are no orders in the applicant’s service personnel records which show that he was awarded the Purple Heart. There also is no evidence in his records that he was wounded or treated for wounds as a result of hostile action. The applicant’s report of medical examination for separation does not indicate defects of the skin or scars consistent with wounds sustained in combat.
His DA Form 20 (Enlisted Qualification Record) does not show any entry in item 40 (Wounds) or list the Purple Heart in item 41 (Awards and Decorations). The applicant’s name does not appear on the Vietnam Casualty List.
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 injured by shell fragments in Vietnam in 1968; however, there is no evidence available to the Board which shows he served in Vietnam or that he was wounded or treated for wounds as a result of hostile action.
2. Evidence of record shows the applicant signed his discharge document attesting to the fact that he was not entitled to the Purple Heart.
3. Based on the foregoing, there is insufficient evidence upon which to base award of the Purple Heart in this case.
4. 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.
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_____ JPI_____ RKS_____ DENY APPLICATION
| CASE ID | AR2001066254 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20020307 |
| TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
| DATE OF DISCHARGE | YYYYMMDD |
| DISCHARGE AUTHORITY | AR . . . . . |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | Mr. Chun |
| ISSUES 1. | 107.0015 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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The applicant requests, in effect, that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 5 April 1968, be corrected to show the award of two Purple Hearts. The records show that the applicant is entitled to award of the Purple Heart for SFW wounds to his left shoulder on 28 November 1966 in Vietnam. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing: a....
ARMY | BCMR | CY2005 | 20050005508C070206
Gerald Purcell | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The evidence confirms the applicant was wounded as a result of hostile action and as such, is entitled to an award of the Purple Heart. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected: a. by awarding him the Purple Heart wounds sustained on 24 June 1967 while in Vietnam; and b. by showing that...
ARMY | BCMR | CY2002 | 2002071605C070402
In December 1967, while a member of C Company, 1 st Battalion (Airborne), 506 th Infantry, the applicant was transferred to Vietnam as part of a unit move. His separation document does not reflect entitlement to the Purple Heart but does reflect entitlement to the National Defense Service Medal, Vietnam Service Medal and Vietnam Campaign Medal. As such the Board concludes that the applicant is entitled to an award of the Parachutist Badge and his record should be corrected accordingly.
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ARMY | BCMR | CY2006 | 20060001969C070205
The applicant requests award of the Purple Heart based on an injury he suffered as a result of hostile action during combat in Vietnam in February 1967. His DD Form 214 for the period ending 31 May 1978 does not show the Purple Heart as an authorized award. Therefore, there is insufficient evidence on which to base correction of his records to show award of the Purple Heart.
ARMY | BCMR | CY2001 | 2001064741C070421
Counsel also noted that the DVA rating decision granted service connection for shrapnel wounds to his shoulder and that the wounds are consistent with his history of being wounded in Vietnam. The rating decision states that the applicant’s service medical records were reviewed when his claim was considered and denied in 1989. The Board noted that the applicant’s DD Form 214 does not show award of the Good Conduct Medal or any unit awards.
ARMY | BCMR | CY2001 | 2001060723C070421
The applicant requests correction of his records to show two awards of the Purple Heart (correctly known as the Purple Heart (First Oak Leaf Cluster)) for wounds he sustained in combat in Vietnam. The applicant’s DD Form 214 does not show any awards of the Purple Heart. Records show the applicant was wounded a second time on 21 January 1968; therefore, he is entitled to two awards of the Purple Heart and correction of his records to show the Purple Heart (First Oak Leaf Cluster).
ARMY | BCMR | CY2004 | 20040001830C070208
That form, however, does not show award of the Purple Heart nor does it show that he was wounded in action. Notwithstanding the information contained in the 2004 VA rating decision, and the information that he entered on his 1976 report of medical history, there is no medical evidence to show that the applicant was wounded in action or treated for such a wound. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by award of the...
ARMY | BCMR | CY2004 | 04101591C070208
Ronald Weaver | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. On 7 October 1998 this Board granted his request for award of the Purple Heart for a wound from a fragmentation grenade that he received in Vietnam in 1969. The evidence shows that the applicant has medical conditions caused by his exposure to chemical agents during his service in Vietnam.
ARMY | BCMR | CY2002 | 2002080655C070215
The applicant's DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, the Combat Infantryman Badge, one award of the Purple Heart, the Air Medal, and the Parachutist Badge. There is no evidence of record and the applicant provides none to show he was wounded twice. That the applicant's DD Form 214 be amended to add the Army Good Conduct Medal, 3 awards of the Republic of Vietnam Civil Actions Honor Medal First Class Unit...