Mr. Carl W. S. Chun | Director | |
Mr. Kenneth H. Aucock | Analyst |
Mr. Melvin H. Meyer | Chairperson | |
Mr. William D. Powers | Member | |
Mr. Frank C. Jones II | Member |
APPLICANT REQUESTS: Award of the Purple Heart.
APPLICANT STATES: In 1969, prior to his return to the United States from Vietnam, an annotation was made in his records showing award of the Purple Heart. He received shrapnel in his hand and was treated at the 101st Battalion aid station at Camp Eagle. The award was to follow, but he never received it.
EVIDENCE OF RECORD: The applicant's military records show:
The applicant was a career Soldier who retired from the Army on 30 November 1989 with more than 20 years of active military service. His DD Form 214 (Certificate of Release or Discharge from Active Duty) does not show award of the Purple Heart.
The applicant's first period of military service was from 20 June 1968 through 16 June 1971. His DD Form 214 for that period shows that he served in Vietnam from 28 March 1969 to 20 March 1970, and that his awards included the Army Commendation Medal, Good Conduct Medal, and the Bronze Star Medal. That form does not show award of the Purple Heart. The applicant signed the DD Form 214 attesting to its accuracy.
The applicant's DA Form 2-1 (Personnel Qualification Record) does not show award of the Purple Heart.
The Vietnam casualty roster maintained by this agency does not show that the applicant was wounded in action.
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 evidence, and the applicant has not submitted any, to show that he was wounded in action in Vietnam.
2. Consequently, there is insufficient evidence to grant the applicant's request for award of the Purple Heart.
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
__MHM _ __ WDP_ __FCJ __ DENY APPLICATION
CASE ID | AR2003087847 |
SUFFIX | |
RECON | YYYYMMDD |
DATE BOARDED | 20031021 |
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. | |
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