RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 19 JULY 2006
DOCKET NUMBER: AR20050015463
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.
| |Mr. Carl W. S. Chun | |Director |
| |Ms. Rene’ R. Parker | |Analyst |
The following members, a quorum, were present:
| |Mr. James Vick | |Chairperson |
| |Ms. Barbara Ellis | |Member |
| |Mr. Donald Lewy | |Member |
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion,
if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, award of the Purple Heart.
2. The applicant states, that prior to TET 1968, his unit was constantly
being hit by mortar rounds and rockets that began in the afternoon and
lasted until early in the morning. During one of the rocket attacks, the
applicant said he was running in and out of the bunkers to ensure that his
troops were accounted for when his first sergeant noticed that he
(applicant) was wounded. The applicant maintains that his right big toe
was busted open and was bleeding. He recalled that the pain in his right
foot caused him to walk around for a week in a shower shoe. The applicant
states that his first sergeant told him to let the clerk at the aid station
write him up for a Purple Heart. The applicant admitted that he declined
the award of the Purple Heart because he felt his injuries were not serious
enough to warrant the award. However, in hindsight he regrets his actions.
3. The applicant provides his self-authored statement.
CONSIDERATION OF EVIDENCE:
1. Records show the applicant enlisted in the Army on 20 October 1958. He
served in the Republic of Vietnam from 22 December 1967 to 12 December 1968
and from 26 October 1969 to 27 May 1971. The applicant was credited with
20 years and 11 days of active service at the time of his retirement on
31 October 1978.
2. Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does
not show award of the Purple Heart. The applicant's military service
records do not contain any general orders awarding him the Purple Heart.
The applicant's name is not listed on the Vietnam Casualty Roster.
3. 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 by a medical officer, and the medical treatment must have been
made a matter of official record.
DISCUSSION AND CONCLUSIONS:
There are no medical records available which show the applicant was wounded
or treated for wounds as a result of hostile action during his service in
Vietnam. In the absence of medical records supporting the applicant's
contention, there is an insufficient basis for award of the Purple Heart in
this case.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___JV __ ___BE __ ___DL___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable
error or injustice. Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.
______ James Vick_________
CHAIRPERSON
INDEX
|CASE ID |AR20050015463 |
|SUFFIX | |
|RECON |YYYYMMDD |
|DATE BOARDED |20060719 |
|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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