| Mr. Carl W. S. Chun | Director | |
| Ms. Wanda L. Waller | Analyst |
| Ms. Celia L. Adolphi | Chairperson | |
| Mr. Ted S. Kanamine | Member | |
| Mr. Conrad V. Meyer | Member |
APPLICANT REQUESTS: Award of the Purple Heart.
APPLICANT STATES: That he should be awarded the Purple Heart for a combat injury. He contends that a service record indicates that he sustained a combat injury.
EVIDENCE OF RECORD: The applicant's military records show:
The applicant enlisted on 29 August 1989 for a period of 4 years. He served as an infantryman in Korea. On 29 March 1991, the applicant was honorably discharged by reason of physical disability with severance pay.
The applicant’s DD Form 214 (Certificate of Release or Discharge from Active Duty) does not show the Purple Heart as an authorized award.
There are no orders for the Purple Heart in the applicant’s service personnel records.
There is no evidence in the applicant’s service personnel records that he was wounded as a result of hostile action.
The applicant’s service personnel records contain DD Form 173/2 (Joint Messageform), dated January 1991, which indicates the applicant injured his right ankle while on night patrol on 17 April 1990 in Korea when he stepped off the side of a cliff.
On 25 February 1991, a Physical Evaluation Board (PEB) found the applicant physically unfit due to chronic right ankle pain with subjective apprehension, without objective ligamentous instability.
Item 10C (If Retired Because of Disability, the Board Makes the Recommended Finding That:) of the applicant’s DA Form 199 (Physical Evaluation Board (PEB) Proceedings), dated 25 February 1991, states, “The Disability Did Result From a Combat Related Injury as Defined in 26 U.S.C. 104.” [Title 26, United States Code, section 104].
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. 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.
Title 26, United States Code, Section 104 states, in pertinent part, special rules for combat related injuries. Specifically, this provision of law defines the term “combat-related injury” as personal injury or sickness which is incurred as a direct result of armed conflict, while engaged in extrahazardous service, or under conditions simulating war; or which is caused by an instrumentality of war.
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 Board considered the applicant’s contention that he should be awarded the Purple Heart for a combat injury.
2. The Board also noted that a PEB determined that the applicant’s disability resulted from a combat related injury. However, “combat-related injury” is defined as personal injury or sickness which is incurred as a direct result of armed conflict, while engaged in extrahazardous service, or under conditions simulating war; or which is caused by an instrumentality of war.
3. There is no evidence, and the applicant has provided no evidence, which shows that he was wounded or injured or treated for wounds or injuries sustained as a result of hostile action. Therefore, the Board determined that there is insufficient evidence on which to base award of the Purple Heart in this case.
4. 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.
5. 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
CLA____ TSK_____ CVM_____ DENY APPLICATION
| CASE ID | AR2002076570 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20021210 |
| 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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