| Mr. Carl W. S. Chun | Director | |
| Mr. W. W. Osborn, Jr. | Analyst |
| Mr. Arthur A. Omartian | Chairperson | |
| Mr. Thomas B. Redfern | Member | |
| Mr. Thomas E. O'Shaughnessy | Member |
APPLICANT REQUESTS: That he be awarded the Purple Heart.
APPLICANT STATES: That, between October and March 1970, his eardrum was ruptured by the blast from an incoming mortar round. His ears were bleeding and he was "sent to the Long Bein Hospital." He is currently service-connected for hearing loss at 10 percent. He cites his Department of Veteran Affairs (VA) medical records to substantiate his case, but did not submit copies.
EVIDENCE OF RECORD: The applicant's military records show:
He was inducted on 22 January 1969, completed training as an artilleryman and was posted to the Republic of Vietnam (RVN). He reported to B Battery, 2nd Battalion, 19th Artillery, 1st Air Cavalry Division on 27 June 1969, was transferred to C Battery on 24 November 1969 and returned to the United States on 14 January 1970. The applicant was separated with an honorable characterization of service and transferred to the Army Reserve in pay grade E-3.
The applicant's DD Form 214 (Report of Transfer or Discharge) lists his authorized awards as the Army Commendation Medal, the National Defense Service Medal, the Vietnam Service Medal with one bronze service star, the RVN Campaign Medal with "1960-" device and the Sharpshooter Qualification Badge with Rifle Bar. His record contains a copy of general orders awarding him the Air Medal for the period June 1969 to April 1970.
His DA Form 20 (Enlisted Qualification Record) does not show the Purple Heart as an authorized award and the block 40 (Wounds) is blank. The report of his separation medical records shows that he mentioned ear trouble with a medical profile and hearing loss-right ear, but there are no further explanations or remarks by either the applicant or the examining physician.
Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against an enemy or 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.
On 18 June 2001, in response to a request for medical records to substantiate award of the Purple Heart, the National Personnel Records Center informed the applicant that his medical records had been lent to the VA and that he should contact that agency for his service medical records.
Army Regulation 600-8-22 also authorizes a bronze service star, based on qualifying service, for each designated campaign listed in Appendix B of the regulation and states that authorized bronze service stars will be worn on the appropriate campaign or service medal. A silver service star is authorized in lieu of five bronze service stars. The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal. These include: Vietnam Summer-Fall 1969, ending on 31 October 1969; Vietnam Winter-Spring 1970; ending on 30 April 1970.
Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Credit Register) shows that the 2nd Battalion, 19th Artillery was awarded the RVN Gallantry Cross Unit Citation for the period from May 1969 to February 1970 by DA General Order (GO) 42 of 1972 as amended by DAGO 11 of 1973. DAGO 41 of 1972 awarded the RVN Civil Actions Honor Medal First Class Unit Citation for the period Jan 1969 to 1 February 1970.
During the processing of this case a search was made of the historical files at the National Archives, College Park, Maryland. This search of the files of the 1st Air Cavalry Division and of all medical facilities located at Long Bihn, Vietnam failed to disclose any information to substantiate the applicant's request.
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. There is no available substantiating evidence to show that the applicant was treated for a wound sustained as the result of hostile action. Unfortunately, there is insufficient evidence to justify award of the Purple Heart.
2. The applicant has been awarded or is entitled to awards that are not currently shown on his DD Form 214. These include: the Air Medal, the Vietnam Service Medal with two bronze service stars, the RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal First Class Unit Citation. These awards should be shown on his DD Form 214.
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, Missouri will be requested to issue a DD Form 215 (Correction to DD Form 214) showing that, in addition to those shown currently on his DD Form 214, his authorized awards include the Air Medal, the Vietnam Service Medal with two bronze service stars, the RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal First Class Unit Citation.
BOARD VOTE:
________ ________ ________ GRANT
________ ________ ________ GRANT FORMAL HEARING
__AAO__ __TBR __ __TEO__ DENY APPLICATION
| CASE ID | AR2003077673 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20030401 |
| 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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