Mr. Carl W. S. Chun | Director | |
Mr. Kenneth H. Aucock | Analyst |
Mr. Arthur A. Omartian | Chairperson | |
Mr. Kenneth W. Lapin | Member | |
Mr. Donald P. Hupman, Jr. | Member |
APPLICANT REQUESTS: Award of the Purple Heart.
APPLICANT STATES: That he was wounded during an action in the “Pineapple Forest,” treated in the field, but no report was made.
The applicant provides a copy of a response to a Member of Congress concerning his request for the Purple Heart, a copy of a statement from a former comrade supporting the applicant, and copies of his records.
EVIDENCE OF RECORD: The applicant's military records show:
The applicant enlisted in the Army for three years on 30 November 1968. He was assigned to the 1st Squadron, 1st Cavalry of the 23d Infantry Division in September 1970 as a track vehicle mechanic, later transferring to the 723rd Maintenance Battalion. On 19 April 1970 the applicant was awarded the Army Commendation Medal for meritorious achievement from 1 October 1970 to 31 March 1971. The applicant participated in two campaigns during his tour in Vietnam and the 1st Cavalry was awarded the Republic of Vietnam Gallantry Cross Unit Citation with Palm for its actions during the applicant’s assignment to that organization. He returned to the United States and was released from active duty on 10 September 1971. He had 2 years, 9 months, and 1 day of service, and 10 days of lost time. He was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with 60 device, and the Sharpshooter Qualification Badge with rifle bar. His report of transfer does not show award of the Purple Heart. Nor does it show award of the Army Commendation Medal or the Republic of Vietnam Gallantry Cross Unit Citation with Palm. It does not credit him with participation in two campaigns during his service in Vietnam.
In a 26 August 1994 record of conversation an official of the Waco [Texas] Department of Veterans Affairs office indicated that there were no service medical records on file [on the applicant] for Vietnam. There was no record of his being wounded in action. She indicated that the applicant filed a claim as soon as he was discharged in September 1971 for backache, eyesight, and ulcers, but did not claim that he was wounded in action. On 27 August 1994 the Army Reserve Personnel Center in St. Louis informed a Member of Congress that the applicant’s records failed to show that he was wounded in action. The applicant’s file during that time period includes a note to an individual in which he requested an appointment to discuss obtaining a Purple Heart, obtaining treatment for his Agent Orange skin afflictions, and obtaining a job.
In a 13 November 2001 statement of support, an individual who was with the applicant in Vietnam, states that the applicant was wounded around the November 1970 time frame, and provides the circumstances thereof.
The applicant is not listed as a casualty on the Vietnam casualty roster.
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, 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. While the Board does not dispute the statement of events provided by the applicant and his former comrade, such individual statements are acceptable only where corroborating evidence is available from official sources. Such evidence is not available. Consequently, there is insufficient evidence to show that the applicant was wounded in action, and consequently no grounds to award the Purple Heart.
2. 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 in St. Louis is requested to correct the applicant’s records to show award of the Army Commendation Medal, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, and the Vietnam Service Medal with two bronze service stars (one for each campaign).
BOARD VOTE:
________ ________ ________ GRANT
________ ________ ________ GRANT FORMAL HEARING
__AAO __ __KWL__ __DPH__ DENY APPLICATION
CASE ID | AR2002072929 |
SUFFIX | |
RECON | YYYYMMDD |
DATE BOARDED | 20020924 |
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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