Mr. Carl W. S. Chun | Director | |
Mr. W. W. Osborn, Jr. | Analyst |
Ms. Irene N. Wheelwright | Chairperson | |
Mr. Walter T. Morrison | Member | |
Mr. Charles Gainor | Member |
APPLICANT REQUESTS: Award of the Purple Heart.
APPLICANT STATES: That he earned the Purple Heart by being wounded and that he was recommended for it. He submits a copy of a 2 February 1970 medical record to substantiate his case.
The medical record entry shows that the applicant was treated at the 548th General Dispensary in Korea. He "suffered wounds from a mine blast on his head, arms and body. Recommend Purple Heart." A specialist five signed the entry.
EVIDENCE OF RECORD: The applicant's military records show:
The applicant enlisted and entered active duty on 2 December 1968. He completed training as a wheeled vehicle mechanic and was stationed in Korea with Headquarters and Headquarters Battery, 3rd Battalion, 81st Artillery from 9 July 1969 to 6 August 1970 when he was transferred to Germany. He was discharged on 8 July 1971.
During the processing of this case the historical files of the applicant's unit and of the 81st General Dispensary were searched at the National Archives, College Park, Maryland. These searches failed to produce any evidence to substantiate the applicant's entitlement to the Purple Heart.
Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action in any action against an enemy of the United States or in any action with an opposing armed force of a foreign country in which the Armed Forces of the United States are or have been engaged. 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. Although the governing regulation provides for award of the Purple Heart for wounds sustained as the result of hostile actions involving former enemies, there is no available evidence that the applicant was wounded under such circumstances.
2. The entry by the specialist five is noted. Unfortunately, the historical files of neither the applicant's unit nor the treating medical facility indicated that he was wounded under conditions that would warrant award of the Purple Heart.
3. 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.
4. 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
__INW___ __WTM _ _CG____ DENY APPLICATION
CASE ID | AR2002071272 |
SUFFIX | |
RECON | YYYYMMDD |
DATE BOARDED | 20021003 |
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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