| Mr. Carl W. S. Chun | Director | |
| Ms. Gale J. Thomas | Analyst |
| Mr. Roger W. Able | Chairperson | |
| Ms. Barbara J. Ellis | Member | |
| Mr. Larry C. Bergquist | Member |
APPLICANT REQUESTS: Award of the Purple Heart.
APPLICANT STATES: That he was wounded on 25 August 1970, during hostile operations in Vietnam when a mechanical ambush device detonated, and injured his left arm. In support of his request he submits copies of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), his discharge certificate, his disability compensation claim from the Deepartment of Veterans Administration, for a shell fragment wound to his left arm, and a Western Union Telegram sent to his family concerning his injury.
EVIDENCE OF RECORD: The applicant's military records show:
On 28 January 1970, he was inducted into the Army of the United States for a period of 2 years. He successfully completed basic combat training and advanced individual training at Fort Lewis, Washington.
He served in Vietnam from June 1970 to May 1971. A 30 August 1970 message from Vietnam to the Department of the Army, Casualty Division states that on
25 August 1970, the applicant suffered multiple fragment wounds to his left arm after he accidentally detonated a friendly mechanical ambush device.
On 29 September 1971, he was honorably discharged under the provisions of Army Regulation 635-200, paragraph 5-3. His DD Form 214 indicates he had
1 year, 8 months and 2 days of creditable service, and was awarded the National Defense Service Medal, the Vietnam Campaign Medal w/60 Device, the Vietnam Service Medal, one overseas bar, the Combat Infantryman’s Badge, and the Marksmanship (M-16), and Expert (M-60 and M-16).
In December 1971, subsequent to his separation, the Department of Veterans Affairs determined that the applicant’s service connected disability of “Residuals of shell fragment wound, left arm,” was less than 10 percent disabling and he was therefore not entitled to compensation.
Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for wounds 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.
By virtue of the applicant’s service in Vietnam he is entitled the Republic of Vietnam Gallantry Cross Unit Citation with Palm, and two bronze service stars on his Vietnam Service Medal for his participation in the DA Sanctuary Counteroffensive, and the Vietnam Counteroffensive Phase VII campaigns.
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 that the applicant’s wounds were the result of hostile action. In fact, evidence shows he accidentally detonated a friendly mechanical ambush device which caused his injury. Therefore, there is no evidence that would justify award of the Purple Heart.
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 that 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.
NOTE: Officials at the ARBA Support Division in St. Louis are requested to administratively correct the applicant’s separation document to reflect award of the Republic of Vietnam Gallantry Cross Unit Citation with Palm, and two bronze service stars on his Vietnam Service Medal.
BOARD VOTE:
________ ________ ________ GRANT
________ ________ ________ GRANT FORMAL HEARING
__RWA _ __BJE __ __LCB___ DENY APPLICATION
| CASE ID | AR2002083124 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20030710 |
| 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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