MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            15 August 200                  
	DOCKET NUMBER:    AR2000035195

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		Director	
	Mr. W. E. Schnupp		Analyst	

  The following members, a quorum, were present:

	Mr. Thomas D. Howard, Jr.		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Ms. Gail J. Wire		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  That he be awarded the Purple Heart.

APPLICANT STATES:  That he never received the Purple Hear although he was qualified for it.  He was wounded on 19 April 1966 in Vietnam as shown in his health record.

In support of his request, he has provided a copy of his separation document  (DD Form 214) and a copy of a medical treatment form ostensibly pertaining to him and showing that he was treated for a puncture wound to the leg on 19 May 1966.

EVIDENCE OF RECORD:  The applicant's military records show:

He enlisted on 15 January 1965 at 17 years of age and served 8 months in Germany.  He reenlisted on 7 January 1966, served approximately 6 months in Vietnam as an infantryman with the 1st Infantry Division and was separated with a general discharge on 31 August 1966.  

His awards include the National Defense Service Medal, the Vietnam Service Medal, the Combat Infantryman Badge and the Sharpshooter Badge with Rifle Bar.

His DD Form 214 does not show the Purple Heart as an authorized decoration.  His Enlisted Qualification Record contains no entry showing that he was wounded in action or awarded the Purple Heart.

The medical treatment form provided with his application does not identify the applicant in any manner.  It simply states, under a heading of 1/26th Aid Station, APO 96345, and date of 1 May 1966, “Puncture wound injury of ® leg cleaned & dressed.  Return to duty”.

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:  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 evidence presented by the applicant does not show that he was wounded as a result of enemy action.  In fact, the medical treatment document he provided does not even name him as the injured party.  In the absence of evidence that meets the standard prescribed by the Army regulation noted above, this Board has no grounds to award the Purple Heart.

2.  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.

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

___tdh  __  __aao ___  ___gjw _  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2000035195	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000815	
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.