| Mr. Carl W. S. Chun | Director | |
| Mr. Kenneth H. Aucock | Analyst |
| Mr. Luther L. Santiful | Chairperson | |
| Mr. Curtis L. Greenway | Member | |
| Mr. Ronald J. Weaver | Member |
APPLICANT REQUESTS: Award of the Purple Heart.
APPLICANT STATES: That he sustained injuries in an aircraft crash during TET of 1968. He submits a statement from his former troop commander, who was also the aircraft commander. He states that his injuries were not severe enough to warrant hospitalization. He was treated by unit medics.
EVIDENCE OF RECORD: The applicant's military records show:
The applicant entered on active duty on 5 July 1967, trained as a helicopter mechanic, and served in Vietnam for over two years, from January 1968 to February 1970. His 24 February 1970 DD Form 214 (Report of Transfer) shows that his assignment in Vietnam was with B Troop, 1st Squadron, 9th Cavalry. His awards include the Army Commendation Medal, the Air Medal with first oak leaf cluster, and the Bronze Star Medal with oak leaf cluster. His DD Form 214 does not show award of the Purple Heart.
The applicant reenlisted in the Army for three years on 31 July 1970, and except for a break in service from May 1979 to March 1981, continued to serve in the Army on active duty as a Regular Army soldier, and later as a Reserve soldier in the Active Guard/Reserve program. On 31 December 1989 the applicant retired from the Army with more than 20 years of active service.
The applicant's two other separation documents (DD Forms 214) for the periods 31 July 1970 to 20 May 1973 and 20 May 73 to 20 May 1979 do not show award of the Purple Heart.
His personnel qualification record fails to show award of the Purple Heart.
Submitted with his request is an 11 September 2002 statement in support of his request from a retired colonel, formerly the applicant's commanding officer, who stated that their helicopter was shot down on the first day of TET 1968,and that the applicant sustained injuries consisting of multiple lacerations and severe bruises requiring treatment at the fire base medical station. He stated that if the incident was not recorded it was due to the situation of massive enemy assaults against the city of Hue and surrounding hamlets.
There are no Army or VA medical records contained in the applicant's official file, and the applicant has not submitted any to support his contention.
The Vietnam casualty roster maintained by this agency fails to show that the applicant was wounded in action. The historical files of B Troop, 1st Squadron, 9th Cavalry were reviewed at the National Archives at College Park, Maryland. The review failed to show that the applicant was awarded the Purple Heart. However, a copy of a DA Form 1594 (Daily Staff Journal or Duty Officer's Log) of Headquarters, 1st Air Cavalry Division Forward Command Post for 31 January 1968 shows that gunships (helicopters) from the B Troop, 1st Squadron, 9th Cavalry, were fired upon, sustained casualties, and in fact were downed.
That log does not identify the casualties.
Army Regulation 600-8-22 provides 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 documentation to show that the applicant was wounded in action, notwithstanding the statement by his former troop commander. The Board does not dispute the statement submitted in support of the applicant; however, that in itself is not a basis to grant the applicant's request.
2. The Board notes that now, some 35 years after the event, the applicant is requesting award of the Purple Heart, but has submitted no official documents to support his contention. There are no medical records, no entries on his personnel or separation documents – nothing to show that he was wounded in action.
3. The applicant has submitted neither probative evidence nor a convincing argument in support of his request.
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 that 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
__LLS___ ___CLG_ ___RJW _ DENY APPLICATION
| CASE ID | AR2002083112 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20030805 |
| TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
| DATE OF DISCHARGE | YYYYMMDD |
| DISCHARGE AUTHORITY | AR . . . . . |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 107.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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