| Mr. Carl W. S. Chun | Director | |
| Mr. W. W. Osborn, Jr. | Analyst |
| Ms. JoAnn H. Langston | Chairperson | |
| Mr. Richard T. Dunbar | Member | |
| Ms. Yolanda Maldonado | Member |
APPLICANT REQUESTS: That his military records be corrected to show that he was awarded the Purple Heart.
APPLICANT STATES: He was wounded in the left hand in November 1967 and needs the Purple Heart to qualify for a special state vehicle license tag and for Department of Veterans Affairs (VA) benefits.
EVIDENCE OF RECORD: The applicant's military records show:
On 9 September 2001 he applied to this Board for award of the Combat Infantryman Badge. Neither his application nor the record of the Board's favorable proceedings in that case (AR2001063079) made any mention of the Purple Heart.
The applicant was inducted on 29 November 1967, completed training as a rifleman, served in Vietnam from May 1968 to May 1969 and was discharged on 29 November 1969 at the expiration of his term of service. His DD Form 214 (Report of Transfer or Separation) does not list the Purple Heart as an authorized award. Block 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) is blank and block 41 (Awards and Decorations) does not list the Purple Heart. The report of his 16 November 1969 separation medical examination does not mention any wound sustained as the result of enemy action.
The Vietnam Casualty List does not list the applicant as a combat casualty.
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.
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. In the absence of any substantiating evidence that the applicant was treated for a wound sustained while in action against an enemy or as a result of hostile action award of the Purple Heart is not appropriate.
2. 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.
3. 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
_JHL ___ __RTD___ __YM___ DENY APPLICATION
| CASE ID | AR2002080769 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20030415 |
| 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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