| Mr. Carl W. S. Chun | Director | |
| Mr. Jessie B. Strickland | Analyst |
| Mr. Raymond V. O’Connor Jr. | Chairperson | ||
| Ms. Terry L. Placek | Member | ||
| Mr. Robert Duecaster | Member |
APPLICANT REQUESTS: That he be awarded the Purple Heart.
APPLICANT STATES: In effect, that he was injured in Vietnam on 21 May 1965, when enemy soldiers fired at the jeep he was riding in and caused it to overturn. He goes on to state that he was treated by medical personnel for a fractured back, left ankle and a neck condition. He further states that he is receiving 50% disability compensation from the Department of Veterans Affairs (VA) for these injuries and needs the Purple Heart that he earned to receive additional compensation to qualify for special pay from the VA. In support of his application he submits copies of documents showing his claim for disabilities to and from the VA.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted in the Regular Army on 1 September 1954 and continued to serve as a medical specialist through a series of continuous reenlistments. He was promoted to the pay grade of E-7 on 8 October 1968.
His records show that he served in Vietnam from 30 November 1964 to 29 November 1965, from 10 September 1966 to 9 September 1967 and from 5 May 1970 to 14 February 1971.
The applicant's medical records are not present in the available records for review. However, his personnel records show no indication of his being wounded or injured as a result of enemy action during any of his three tours in Vietnam. His Report of Medical History (SF 93), prepared at the time of his retirement indicates that he had problems with three vertebrae, gout, and high blood pressure.
On 31 August 1974, he was honorably released from active duty and was transferred to the Retired List effective 1 September 1974. He had served 20 years and 16 days of total active service.
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 a result of hostile action, that the wound must have required treatment by a medical officer, and that the medical treatment was 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 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.
2. The evidence of record fails to show that the applicant was wounded/injured as a result of enemy action; therefore, there is no basis for the Board to award him the Purple Heart.
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
___tlp___ ___rld ___ ___rvo __ DENY APPLICATION
| CASE ID | AR2003083730 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2003/04/24 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. 51 | 107.0015/PH |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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