| Mr. Carl W. S. Chun | Director | |
| Mr. Joseph A. Adriance | Analyst |
| Ms. Margaret K. Patterson | Chairperson | ||
| Mr. Ronald E. Blakely | Member | ||
| Mr. Frank C. Jones, II | Member |
APPLICANT REQUESTS: In effect, that he be awarded the Purple Heart (PH).
APPLICANT STATES: In effect, that he was seriously injured while serving in combat in the Republic of Vietnam (RVN). He claims that while on an operation his group came under enemy fire. The group headed in the direction of the fire when the tank he was in struck a land mine and was destroyed. He claims that he was knocked unconscious and remained that way for several hours. He states that he received treatment for this injury in the field, and was later taken back to the base. He claims that he had contusions on the top of his head, and he bled extensively from his mouth and nose as a result of the concussion. He also states that he is providing a copy of the morning report listing him as a casualty in support of his application; however, no such morning report was attached to the application.
EVIDENCE OF RECORD: The applicant military records for the period under review were not made available to the Board. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.
A partially legible separation document (DD Form 214) and Certificate of Military Service (NA Form 13038) on file confirm that the applicant served on active duty from 8 March 1968 through 3 December 1969. The DD Form 214 confirms that he was honorably discharged in the rank of specialist four (SP4) after completing
1 year, 8 months, and 1 day of active military service. This document also shows that he served in the RVN for 1 year and 1 day.
The available evidence includes no military medical records indicating that the applicant was ever wounded or injured in action while serving in the RVN. Further, the applicant provides no independent evidence in the form of medical treatment records or witness statements to corroborate his claim that he was injured in action while serving in the RVN.
In connection with the processing of this case, a member of the Board
staff reviewed the Department of the Army (DA) Vietnam Casualty Roster,
which contains the names of those soldiers wounded or injured in action in the RVN. The applicant’s name was not included in this DA list of RVN casualties.
Army Regulation 600-8-22 (Military Awards) prescribes the Army’s awards policy. Paragraph 2-8 contains guidance on awarding the Purple Heart. It states, in pertinent part, that the PH is authorized to members who are wounded in action.
The awards regulation defines a wound as an injury to any part of the body from an outside force or agent sustained in action. It also stipulates that the wound for which a PH is being awarded must have required treatment by a medical officer, and the records of medical treatment for the wound or injury for which the PH is being awarded must have been made a matter of official record. It also provides examples of injuries that do and do not qualify for award of the PH. Included in the list of those injuries that clearly do not qualify for award of the PH are accidents, to include explosive, aircraft, vehicular, and other accidental wounding not related to or caused by enemy action.
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. The Board notes the applicant’s contention that he is entitled to the PH. However, it finds insufficient evidence to support this claim. By regulation, in order to award the PH it is necessary to establish that a soldier was wounded in action, that the wound required treatment by a medical officer, and the medical treatment must have been made a matter of official record.
2. The available evidence provides no indication that the applicant was ever wounded in action or that he was ever treated for a wound or injury received in action while serving in the RVN, as evidenced by the absence of his name on the DA Vietnam Casualty Roster. Further, the applicant has failed to provide any independent evidence to support his claim of entitlement to the PH.
3. In view of the facts of this case, the Board finds the regulatory burden of proof required to support award of the PH has not been met. Therefore, it is compelled deny his request for the PH based solely on the lack of evidence, in the interest of all those who served in the RVN and who faced similar circumstances.
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 | AR2003086505 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 2003/06/DD |
| TYPE OF DISCHARGE | HD |
| DATE OF DISCHARGE | 1969/12/03 |
| DISCHARGE AUTHORITY | AR 635-200 |
| DISCHARGE REASON | Overseas Returnee |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. 61 | 107.0015 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2003 | 2003088053C070403
EVIDENCE OF RECORD : The applicant's military records show: It states, in pertinent part, that the PH is authorized to members who are wounded in action. The evidence of record while showing that the applicant was hospitalized while serving in the RVN, gives no indication that he was hospitalized as a result of being wounded or injured as a result of enemy action.
ARMY | BCMR | CY2007 | 20070016949C080407
Rea M. Nuppenau | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. He states he has never received the PH for the wound he received and requests it be awarded at this time. The fact there was medical documentation regarding this treatment, but no entry was made in Item 40 of the DA Form 20 and no PH was awarded would indicate the wound was not received under conditions that supported award of the PH.
ARMY | BCMR | CY2003 | 2003088882C070403
The applicant’s military records show that he entered active duty in the Army on 8 May 1967. It states, in pertinent part, that the PH is awarded to any member who has been wounded or killed in action. The Board considered the applicant’s claim that Iwo Jima took place before he was born and that he never saw a skylight while he was serving in the RVN, which proves that were errors in the medical treatment record and as a result he should receive the PH.
ARMY | BCMR | CY2004 | 2004105171C070208
The applicant states, in effect, he was wounded in action while serving in the Republic of Vietnam (RVN). He claims that he was awarded the PH, but it was not included in the list of awards on his separation document (DD Form 214). It states, in pertinent part, that the PH is awarded to any member who has been wounded or killed in action.
ARMY | BCMR | CY2004 | 20040008145C070208
Item 41 (Awards and Decorations) does not include the PH is the list of earned awards. It states, in pertinent part, that a bronze service star is authorized with this award for each campaign a member is credited with participating while serving in the RVN. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show the FSM’s entitlement to the Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation...
ARMY | BCMR | CY2003 | 2003087100C070212
I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant’s Military Personnel Records Jacket (MPRJ) contains no orders or other documents showing that he was ever wounded or injured in action, or that he was ever recommended for the PH. The evidence of record provides no confirmation that the applicant was ever wounded in action or that he was ever...
ARMY | BCMR | CY2003 | 2003084917C070212
I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant states, in effect, that he was never awarded the PH for the wounds he received while serving in the Republic of Vietnam (RVN). His Military Personnel Records Jacket (MPRJ) also contains no orders or other documents showing that he was ever wounded or injured in action, or that he was recommended...
ARMY | BCMR | CY2006 | 20060001607C070205
The applicant states, in effect, he is entitled to the PH for injuries he received in combat, and the PH should have been included with the list of awards contained on his separation document (DD Form 214). During its original review of the applicant's case, the Board found no evidence of record that showed the applicant was wounded or injured as a result of enemy action, or that he was ever recommended for or awarded the PH by proper authority while serving on active duty. The evidence of...
ARMY | BCMR | CY2003 | 2003088873C070403
The applicant states, in effect, that he is entitled to the PH based on an injury he received from an incoming mortar round while serving in the Republic of Vietnam (RVN), and his separation document (DD Form 214) does not include this award. Paragraph 2-13 of the awards regulation contains guidance on awarding the Vietnam Service Medal and it states, in pertinent part, that a bronze service star is authorized with this award for each campaign participated in while serving in the RVN. ...
ARMY | BCMR | CY2003 | 2003088930C070403
The applicant states, in effect, that he is entitled to the PH for an injury he received while serving on active duty in the Republic of Vietnam (RVN). His Military Personnel Records Jacket (MPRJ) contains no orders or other documents showing that he was ever wounded or injured in action, or that he was ever recommended for or awarded the PH. That all of the Department of the Army records related to this case be corrected by showing that the individual concerned is entitled to 1 silver...