| Mr. Carl W. S. Chun | Director | |
| Mr. W. W. Osborn, Jr. | Analyst |
| Mr. Samuel A. Crumpler | Chairperson | |
| Mr. Roger W. Able | Member | |
| Mr. Patrick H. McGann, Jr. | Member |
APPLICANT REQUESTS: That he be awarded the Purple Heart.
APPLICANT STATES: That he was wounded by fragments from an incoming mortar round in February 1970.
EVIDENCE OF RECORD: The applicant's military records show:
He was inducted on 18 July 1969. He completed training as a field radio mechanic and was reported for duty in the Republic of Vietnam (RVN) with Headquarters and Headquarters Company (HHC) , 5th Battalion, 7th Cavalry. 1st Cavalry Division, on 19 January 1970. On 14 February 1970, the applicant was transferred to A Company, 5th Battalion, 7th Cavalry and, on 12 March 1970, he was further transferred to HHC 15th Supply and Service Battalion, 1st Cavalry Division, on 12 March 1970. He returned to the United States on 28 November 1970 and was separated, on 12 July 1971, with an honorable characterization of service and transferred to the Army Reserve in pay grade E-4.
The applicant's DD Form 214 (Report of Transfer or Discharge) lists his authorized awards as the Army Commendation Medal, the Good Conduct Medal, the National Defense Service Medal, the Vietnam Service Medal with two bronze service stars, the Republic of Vietnam Campaign Medal with "1960-" device and the Sharpshooter Qualification Badge with Rifle Bar.
His DA Form 20 (Enlisted Qualification Record) does not list the Purple Heart as an authorized award in block 41 and block 40 (Wounds) is blank.
In March 1984 the applicant requested such service medical records as applied to a nervous condition and stomach condition for the purpose of "Service Connected Claim with VA." He did not mention being wounded by enemy fire.
A July 1990 inquiry to a member of Congress is the first mention of the Purple Heart in his records.
A search of the Vietnam Casualty List does not show the applicant as a combat casualty.
Department of the Army General Orders 8 of 1974 awarded the RVN Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army, Vietnam and subordinate units for the period 20 July 1965 to 28 March 1973.
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. 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. Unfortunately, there is no available evidence to show that the applicant was treated for a wound sustained as the result of enemy action. Therefore, there is insufficient evidence to warrant an award of the Purple Heart.
2. The Board notes that the applicant's unit was awarded the RVN Gallantry Cross with Palm Unit Citation. This award may be added to his DD Form 214 administratively.
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.
NOTE: The Army Review Boards Agency, Support Division, St. Louis is requested to issue a DD Form 215 (Correction to DD Form 214) to add the RVN Gallantry Cross with Palm Unit Citation to the applicant's authorized awards.
BOARD VOTE:
________ ________ ________ GRANT
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
| CASE ID | AR2002076729 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20030403 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 107.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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