| Mr. Carl W. S. Chun | Director | |
| Ms. Gale J. Thomas | Analyst |
| Mr. Raymond V. O'Connor, Jr. | Chairperson | |
| Ms. Barbara J. Ellis | Member | |
| Ms. Karen A. Heinz | Member |
APPLICANT REQUESTS: That his records be corrected by showing he was awarded the Purple Heart and the Silver Star Medal.
APPLICANT STATES: That he is entitled to the Purple Heart for shrapnel wounds he received while stationed in Vietnam, and that he should receive the Silver Star Medal that was awarded to him in Vietnam and presented at a ceremony at Fort Wainwright, Alaska. In support of his request the applicant submits his Department of Veterans Affairs rating decision, and letters of support from two individuals who served with him in Vietnam.
The applicant has not exhausted his administrative remedies concerning the award of the Silver Star, and therefore that part of his request will not addressed. The 1996 Defense Authorization Act established a provision whereby upon request by a Member of Congress the Secretary of the Army can review proposals for awards, or the upgrading of a decoration, that would not otherwise be authorized due to limitations established by law or policy for timely submission of a recommendation for such an award. The applicant should contact his congressional representative, provide him with the details of his actions including any supporting statements, and then have his representative initiate an appropriate award recommendation. The Awards Branch of the Total Army Personnel Command (PERSCOM) would be the agency designated by the Secretary of the Army to review new award recommendations initiated under this provision of the law.
EVIDENCE OF RECORD: The applicant's military records show:
The applicant enlisted in the Regular Army on 29 September 1966 for a period of 3 years. He served in Vietnam from October 1967 to October 1968.
The applicant’s separation medical examination administered on 28 August 1969, indicates he was qualified for separation and makes no mention of wounds or defects.
The applicant’s DA From 20 (Enlisted Qualification Record) has no annotation in item 40 (Wounds), and was authenticated by the applicant on 19 August 1969.
On 28 August 1969, the applicant separated in the pay grade of E-4, under the provisions of Army Regular 635-200, and transferred to the U.S. Army Reserve. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) indicates he had 2 years and 11 months of creditable service.
On 28 June 2000, the Department of Veterans Affairs awarded the applicant a
50 percent disability rating for post traumatic stress disorder, and denied several other conditions presented by the applicant to include shrapnel fragment wounds.
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.
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 applicant was separated from active duty and transferred to the Army Reserve in pay grade E-4 on 28 August 1969. Neither his DD Form 214 nor his DA Form 20 list the Purple Heart as an authorized award. The DA Form 20 was authenticated with his signature in August 1969 and the DD Form 214 on the date of separation.
2. There is insufficient evidence to support an award of the Purple Heart.
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.
BOARD VOTE:
________ ________ ________ GRANT
________ ________ ________ GRANT FORMAL HEARING
__RVO__ __BJE _ _ __KAH __ DENY APPLICATION
| CASE ID | AR2002069315 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20021024 |
| 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. |
ARMY | BCMR | CY2002 | 2002070806C070402
The applicant requests that his records be corrected to reflect award of the Purple Heart and Bronze Star Medal with "V" device. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not reflect entitlement to the Purple Heart, or a Bronze Star Medal with "V" device. As such, the Board concludes that it would be appropriate, and in the interest of justice to confirm award of the Bronze Star Medal but amend the period of the award to coincide with his...
ARMY | BCMR | CY2002 | 2002075363C070403
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart and the Expert Marksmanship Qualification Badge with Rifle Bar. There are no orders in the applicant’s service personnel records which show that he was awarded the Purple Heart. However, there is no evidence of record, and the applicant has provided no medical evidence which shows he was wounded or treated for wounds as a result of...
ARMY | BCMR | CY2002 | 2002074966C070403
In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice. The applicant requests...
ARMY | BCMR | CY2004 | 20040010233C070208
The applicant requests correction of his records to show award of the Purple Heart and his Vietnam service awards. The applicant requested correction of his records to show award of the Silver Star. The applicant authenticated both DD Forms 214 and neither document show the Purple Heart in the list of authorized awards.
ARMY | BCMR | CY2005 | 20050004719C070206
The applicant requests award of the Purple Heart for shrapnel wounds incurred in Vietnam. Therefore, he is entitled to correction of his records to show this unit award. Therefore, he is entitled to correction of his records to show this unit award.
ARMY | BCMR | CY2004 | 040008392C070208
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 28 JUNE 2005 DOCKET NUMBER: AR20040008392 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. The Vietnam Service Medal was awarded to all members of the Armed Forces serving in Vietnam from 3 July 1965 through 28 March 1973. As a result, the Board recommends that all Department of the Army records of...
ARMY | BCMR | CY2006 | 20060011443
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 27 February 2007 DOCKET NUMBER: AR20060011443 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant requests, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show that he was awarded the Purple Heart. As a result, the Board recommends...
ARMY | BCMR | CY2003 | 2003083502C070212
The applicant states that he was wounded in Vietnam. There is no evidence in the applicant's service personnel records that he was awarded the Purple Heart or was wounded as a result of hostile action. 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.
ARMY | BCMR | CY2002 | 2002067054C070402
There are no orders in the applicant’s service personnel records which show that he was awarded the Purple Heart. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant’s unit, 4th Battalion, 23rd Infantry, of the 25th Infantry Division, was also cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 51, dated 1971. However, evidence of...
ARMY | BCMR | CY2002 | 2002072678C070403
The applicant’s DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show award of the Purple Heart in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized). There are no orders in the applicant’s service personnel records which show that he was awarded the Purple Heart. That all of the Department of the Army records related to this case be corrected by showing the individual concerned was awarded the...