| Mr. Carl W. S. Chun | Director | |
| Ms. Nancy L. Amos | Analyst |
| Mr. Irene N. Wheelwright | Chairperson | ||
| Mr. Arthur A. Omartian | Member | ||
| Mr. Thomas Lanyi | Member |
APPLICANT REQUESTS: That he be awarded the Purple Heart.
APPLICANT STATES: That he was wounded in the left eye during the Tet Offensive when a hand flare was set off. He was hospitalized for about two weeks. He provides his Report of Transfer or Discharge, DD Form 214, as supporting evidence.
EVIDENCE OF RECORD: The applicant's military records show:
He was inducted into the Army on 29 May 1968. He completed basic combat training and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).
The applicant arrived in Vietnam and was assigned to the 2d Battalion, 327th Infantry on or about 10 November 1968.
The applicant's service medical records show that he was initially treated on 20 February 1969 for a hand flare burn of the left eye. The entry does not indicate how he received the injury.
The applicant departed Vietnam on 19 October 1969 after being credited with four campaigns. He was released from active duty on 28 May 1970. His DD Form 214 shows he was awarded the Vietnam Service Medal and several other awards and decorations but not the Purple Heart.
Army Regulation 600-8-22 provides 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 by a medical officer, and the medical treatment must have been made a matter of official record. It also provides that one bronze service star is worn on the appropriate service medal for each credited campaign.
Department of the Army Pamphlet 672-3 shows that the 2d Battalion, 327th Infantry was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 19 July 1968 - 14 May 1969 and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation for the period 18 March 1968 - 2 May 1970.
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's service medical records confirm that he received a hand flare burn to the left eye; however, there is no evidence of record to show that the injury was the result of enemy action. Therefore, there is insufficient evidence to show he met the eligibility criteria for award of the Purple Heart.
2. The applicant is authorized to wear four bronze service stars on the Vietnam Service Medal. He was assigned to a unit during a period of time that unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation and is authorized to wear these unit awards, also.
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 Boards Agency Support Division will be directed to amend the applicant's DD From 214 to add the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation and to show he is authorized to wear four bronze service stars with the Vietnam Service Medal.
BOARD VOTE:
________ ________ ________ GRANT
________ ________ ________ GRANT FORMAL HEARING
__INW __ _ _AAO__ _ _TL __ DENY APPLICATION
| CASE ID | AR2002071225 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 2002/08/27 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 107.0015 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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