| Mr. Carl W. S. Chun | Director | |
| Ms. Wanda L. Waller | Analyst |
| Ms. Margaret K. Patterson | Chairperson | |
| Mr. Ronald E. Blakely | Member | |
| Mr. Frank C. Jones | Member |
APPLICANT REQUESTS: Correction of a medical record. He also requests, in effect, award of the Purple Heart.
APPLICANT STATES: That a clinical record cover sheet, dated 25 January 1970, should be corrected to show "battle casualty" instead of "injury" since "jumping from helicopter" was into a hot landing zone/drop zone. He contends that the aircraft was taking fire and unable to land, that he was forced to jump from the assault helicopter and he injured his knee. In support of his application, he submits a letter, dated 16 August 2001, from the U.S. Total Army Personnel Command; a letter, dated 20 June 2001, from the National Personnel Records Center; a DA Form 8-275-3 (Clinical Record Cover Sheet), dated 25 January 1970; and a letter, dated 24 October 2002, from a Member of Congress.
The Board notes that the applicant also requests that two additional clinical record cover sheets, dated 31 January 1970, be corrected. However, these medical records were not included with the application and are not contained in the available records. Therefore, this portion of the applicant's request will not be discussed further in this Memorandum of Consideration.
EVIDENCE OF RECORD: The applicant's military records show:
The applicant entered active duty on 28 August 1956. He remained on active duty through continuous reenlistments until he retired on 31 December 1981 in the rank of command sergeant major.
Item 3 (Type of Case) on the applicant's DA Form 8-275-3 (Clinical Record Cover Sheet), dated 25 January 1970, shows the entry, "INJ" [injury]. Item
23 (Diagnoses) on this form also shows the applicant was accidentally injured on 17 January 1970 in Vietnam when he jumped from a chopper and injured his left knee.
There is no evidence in the applicant's service personnel records that he was awarded the Purple Heart or was wounded as a result of hostile action in Vietnam.
The applicant's name does not appear on the Vietnam Casualty Roster.
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.
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 evidence, and the applicant has provided no evidence, which conclusively refutes the entry on the clinical record cover sheet in regard to the type of injury. The Board noted that the clinical record cover sheet shows that the applicant was accidentally injured, not as a result of hostile action.
2. In the absence of compelling evidence to the contrary, the Board determined that there is no basis to amend or otherwise correct the medical determination contained in item 3 (Type of Case) of the clinical record cover sheet.
3. There is no evidence in the available records which shows the applicant was wounded or injured as a result of hostile action in Vietnam. 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
MKP____ REB_____ FCJ_____ DENY APPLICATION
| CASE ID | AR2002081671 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20030624 |
| 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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