| Mr. Carl W. S. Chun | Director | |
| Mr. Edmund P. Mercanti | Analyst |
| Mr. Raymond V. O'Connor, Jr. | Chairperson | |
| Mr. Raymond J. Wagner | Member | |
| Ms. Karen Y. Fletcher | Member |
APPLICANT REQUESTS: That he be awarded the Purple Heart (PH).
APPLICANT STATES: He was told that he was not awarded a PH because his wounds were a result of friendly fire. He contends his wounds were not the result of friendly fire. He was wounded as a result of a Vietcong booby trap. Notwithstanding his contention that he was not wounded as a result of friendly fire, he questions why he did not receive a PH for friendly fire when other soldiers have received the PH for obvious friendly fire wounds, citing a recent incident in which soldiers serving in Afghanistan who were wounded by an errant U.S. bomb were awarded the PH.
In support of his application he submits a copy of a picture which he describes as him being awarded the PH. He also submits a statement from his unit's medic, who states that the applicant was wounded when an ammo dump they were in the process of destroying exploded. The medic states that the explosion was the result of a booby trap. Finally, the applicant submits a telegram to his parents informing them that he was hospitalized due to shrapnel wounds to his left shoulder with resultant fracture of his left upper arm.
EVIDENCE OF RECORD: The applicant's military records show:
That he was inducted and entered on active duty on 15 May 1968, was awarded the military occupational specialty of light weapons infantryman, and was promoted to pay grade E-4. He served in Vietnam from 9 December 1968 to 2 May 1969.
While in Vietnam, a Statement of Medical Examination and Duty Status was completed on the applicant's "Fragment wound, left shoulder; fracture, left shoulder." In item 30 of the form, Details of Accident – Remarks, the applicant's commander stated that the applicant " . . . was part of a detail stacking ammo to be destroyed, when a fire started from an unknown cause, possibly a trip flare. The resulting explosion inflicted wounds on the members of the detail."
The applicant was honorably released from active duty on 25 May 1970 at the expiration of his term of service. His separation document shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal with 2 bronze service stars, the Vietnam Campaign Medal with 1960 Device, the Combat Infantryman Badge, and marksmanship qualification badges.
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.
Included as part of the Department of Defense Appropriations Act for fiscal year 1994 was an amendment to the rules governing award of the PH. While the original rules established that the PH would be awarded to individual's killed or wounded as a result of hostile action the amendment enabled the Secretaries of each department to award the PH to members of the armed forces who were killed or wounded in action by weapon fire, while directly engaged in armed conflict, other than as the result of an act of an enemy of the United States. This ruling, in effect, granted the service Secretaries the authority to award the PH to individual directly engaged in armed conflict who were killed or wounded as a result of "friendly fire."
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record and applicable law and regulations, it is concluded:
1. The applicant was wounded as a result of an explosion at an ammo dump. The explosion was caused by a fire of unknown origin. Without evidence showing that the fire and resulting explosion was the result of enemy action, there is no basis to award the applicant the PH.
2. Since there is no evidence which shows that the explosion was anything but accidental, the friendly fire aspect of the applicant's contentions is not germane to his request. However, the Board has opted to reference the legislation which changed the criteria for the PH to include friendly fire incidents to show the history of the decoration.
3. The Board has carefully considered the picture of the applicant being awarded the PH, the statement from the applicant's unit's medic, and the telegram to his parents informing them that the applicant was hospitalized due to shrapnel wounds. However, there is insufficient evidence to show that the picture is of the applicant being awarded the PH. The assessment by the unit's medic of what occurred on the day the applicant was injured does not carry as much weight as the commander's official determination, as reflected by his comments on the applicant's Statement of Medical Examination and Duty Status. The telegram only verifies that the applicant was injured and hospitalized for his injury.
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:
___rjw___ ___kyf__ ___rvo___ GRANT
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
| CASE ID | AR2002075404 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20020923 |
| TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
| DATE OF DISCHARGE | YYYYMMDD |
| DISCHARGE AUTHORITY | AR . . . . . |
| DISCHARGE REASON | |
| BOARD DECISION | GRANT |
| REVIEW AUTHORITY | |
| ISSUES 1. | 107.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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