| Mr. Carl W. S. Chun | Director | |
| Ms. Nancy L. Amos | Analyst |
| Mr. Fred N. Eichorn | Chairperson | ||
| Ms. Shirley L. Powell | Member | ||
| Mr. Elzey J. Arledge, Jr. | Member |
APPLICANT REQUESTS: That he be awarded the Purple Heart.
APPLICANT STATES: That he sustained serious orthopedic line of duty injuries during basic combat training on 30 July 1974 while the nation was engaged in armed hostilities with a foreign power (Vietnam). He has a total disability rating from the Department of Veterans Affairs. He is suffering every bit as much, as a result of military service, as a soldier injured in hand-to-hand combat during a declared war.
EVIDENCE OF RECORD: The applicant's military records were on loan to another agency and were not able to be obtained from the National Archives and Records Administration. Information contained herein was obtained from alternate sources.
The applicant was apparently in basic combat training, awaiting separation under the provisions of Army Regulation 635-209, when he fell or jumped off the fire escape of his barracks. He apparently was separated shortly thereafter.
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. When contemplating an award of the Purple Heart, the key issue that commanders must take into consideration is the degree to which the enemy caused the injury. The fact that the proposed recipient was participating in direct or indirect combat operations is a necessary prerequisite.
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. Although the applicant's records are not available, by his own statement he was injured during basic combat training. He was not injured while participating in direct or indirect combat operations; therefore, he does not meet the eligibility criteria for award of 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.
BOARD VOTE:
________ ________ ________ GRANT
________ ________ ________ GRANT FORMAL HEARING
_ _FNE _ __SLP__ ___EJA__ DENY APPLICATION
| CASE ID | AR2002078160 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 2002/10/22 |
| 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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