| Mr. Carl W. S. Chun | Director | |
| Mr. W. W. Osborn, Jr. | Analyst |
| Mr. Raymond V. O'Connor, Jr. | Chairperson | |
| Ms. Karen A. Heinz | Member | |
| Ms. Barbara J. Ellis | Member |
APPLICANT REQUESTS: Award of the Purple Heart.
APPLICANT STATES: That he was wounded when he was knocked from a stairway by incoming mortar or artillery rounds. He submits copies of service medical records to show that on 15 October 1969 he was treated for a blunt laceration of the left flank.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted in the Kentucky Army National Guard in 1955, joined the Regular Army in 1959 and retired, as a first sergeant (E-8), due to length of service on30 September 1979.
From 31 May 1969 to 19 May 1970 he served in Vietnam as an infantry advisor. While there he was awarded the Bronze Star Medal, the Air Medal and the Combat Infantryman Badge. He also earned the Vietnam Service Medal with four bronze service stars, The Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Campaign Medal with 1960 device. On 5 December 1969, the Republic of Vietnam (RVN) awarded him the Staff Service Honor Medal, Second Class and, on 17 December 1969 he was authorized to wear it. The four bronze service stars for the Vietnam Service Medal and the RVN Staff Service Honor Medal, Second Class are not shown on the applicant's DD Form 214 (Report of Separation from Active Duty).
The medical records submitted with the application show that the wound became infected and that 12 days after the injury the wound was debrided and sutured. There is no indication in the available records that the incident was the result of enemy action and the applicant's name does not appear on the Vietnam Casualty List.
Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against an enemy or 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.
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. Unfortunately, there is no available substantiating evidence to show that the applicant's injury was the result of enemy action.
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 this 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: The Army Review Board Agency, Support Division, ST Louis will be requested to issue a DD Form 215 (Correction to DD Form 214) to show that the applicant is entitled to the Vietnam Service Medal with four bronze service stars and the RVN Staff Service Honor Medal, Second Class
BOARD VOTE:
________ ________ ________ GRANT
________ ________ ________ GRANT FORMAL HEARING
_RVO___ __KAH __ __BJE___ DENY APPLICATION
| CASE ID | AR2002068384 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20021024 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 107.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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