| Mr. Carl W. S. Chun | Director | |
| Mr. Gerard W. Schwartz | Analyst |
| Ms. Joan Langston | Chairperson | |
| Mr. John T. Meixell | Member | |
| Mr. Regan K. Smith | Member |
APPLICANT REQUESTS: Award of the Purple Heart for wounds sustained during his service in Vietnam.
APPLICANT STATES: He was awarded the Purple Heart in Vietnam and it is not annotated on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). In support of his application, he submits a statement, DD Form 214 and medical treatment records.
EVIDENCE OF RECORD: The applicant's military records shows:
The applicant entered active duty on 8 September 1964. The records show he completed training in Military Occupation Specialty (MOS) Hercules Missile Crewman. He served in Vietnam from 6 April 1971 to 22 February 1972 in the 1st Battalion, 44th Artillery and 5th Battalion, 42nd Artillery. The applicant continued to serve until he retired from active duty on 30 September 1984 with a characterization of service of honorable. His highest grade achieved was E-8.
The applicant's records contains several DD Forms 214. The DD Form 214 with an effective date of 15 March 1979 covers the applicant's service in Vietnam. This DD Form 214, which was authenticated by his own hand, does not show award of the Purple Heart in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized).
There are no orders in the applicant’s service personnel records which show that he was awarded the Purple Heart. There also is no evidence in his records that he was wounded or treated for wounds as a result of hostile action. His DA Form 20 (Enlisted Qualification Record) does not show a Purple Heart entry in Item 41 (Awards and Decorations) nor any annotation of wounds in item 40 (Wounds). The applicant's name is not listed on the Vietnam Casualty Roster.
There are no medical treatment records showing the applicant was wounded as a result of hostile action or treated for wounds or injuries resulting from hostile action.
The applicant provided medical forms such as the DA Form 3647 (Clinical Record Cover Sheet) dated 28 August 1971, which states in item 35 (Cause of Injury) "Patient drove in ditch to avoid accident with another vehicle". Item 36 (Diagnoses -Operations and Special Procedures) states "Observation for cervical spine injury, none found". Later records show continued care for back problems. However, there is no medical evidence to corroborate the applicant's contention that he received bleeding wounds on his right leg and right arm during this same incident.
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, and advisory opinion(s), it is concluded:
1. The Board considered the applicant’s request for award of the Purple Heart and the documents which he submitted in support of his claim. The Board also reviewed the available service personnel and medical records.
2. The Board noted there is no evidence of record which show that he was awarded the Purple Heart or that he was wounded or treated for wounds as a result of hostile action.
3. The Board noted that the applicant's own submission reflects that the stated incident was caused by avoiding an accident with another vehicle.
4. Medical records do not support his contention of bleeding wounds to the right leg and arm. The Board determined that these documents are insufficient evidence to verify a wound was received as a result of hostile action.
5. The Board also noted the applicant's signature on his applicable DD Form 214 which does not reflect the Purple Heart and his name is not listed on the Vietnam Casualty Roster. Additionally, the Board noted that the applicant did not correct his official military records to reflect a Purple Heart in over thirteen years of service in the active Army after his alleged wounding.
6. 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 either requirement.
7. 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
___JL ___ ___JTM _ __RKS __ DENY APPLICATION
| CASE ID | AR2003085425 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | YYYYMMDD |
| TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
| DATE OF DISCHARGE | 19840930 |
| DISCHARGE AUTHORITY | AR2003085425 |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | Mr. Chun |
| ISSUES 1. | 107.0015.0000 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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