MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            13 July 2000                  
	DOCKET NUMBER:   AR2000035320

	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	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Ms. Jennifer L. Prater 		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. James E. Anderholm 		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:  In effect, award of the Purple Heart.  

APPLICANT STATES:  That he was wounded on 4 July 1972 in Vietnam when an enemy mortar shell exploded in front of him and the blast blew a tree twig into his right eye.  He contends that he was hospitalized for five days at the
195th Evacuation Hospital in Da Nang.  He also contends that he was visited by the company commander who said he would receive the Purple Heart.  In support of his application, he submits two discharge documents; two NGB [National Guard Bureau] Forms 22 (Report of Separation and Record of Service); a Standard Form 600 (Chronological Record of Medical Care) dated 5 July 1972; and a Standard Form 502 (Narrative Summary) dated 10 July 1972.

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

The applicant enlisted on 2 August 1968, served in Korea and was honorably discharged on 4 March 1970 and transferred to the USAR.  He entered active duty again on 25 January 1971 and served in Vietnam from 7 March 1972 through 18 February 1973.  The applicant was honorably discharged in the rank of staff sergeant on 6 April 1977 under the provisions of Army Regulation 
635-200, Chapter 6, for hardship.  He subsequently served in the Army National Guard and the Air Force National Guard.     

The applicant’s DD Forms 214 (Report of Transfer or Discharge), which were authenticated in his own hand, do not show the Purple Heart as an authorized award.  

There is no evidence in the applicant’s personnel records that he was awarded the Purple Heart or was wounded as a result of hostile action.  Item 40 (Wounds) of the applicant’s DA Form 20 (Enlisted Qualification Record) is blank.  Item
41 (Awards and Decorations) does not show entitlement to the Purple Heart.

The applicant provided a copy of Standard Form 600 (Chronological Record of Medical Care), dated 5 July 1972, which shows the entry “Struck in R [right] eye by twig last night & feels piece still under lid.”  He also provided a copy of Standard Form 502 (Narrative Summary), dated 10 July 1972, which shows the entry “This 23 year old caucasian male was admitted to the hospital after hurting his eye with some direct trauma from the brush.”  There is no evidence that this eye injury was the result of hostile action.  

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, it is concluded:

1.  The Board noted the applicant’s contention that he was wounded on 4 July 1972 in Vietnam when an enemy mortar shell exploded in front of him and the blast blew a tree twig into his right eye.  However, there is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he was injured or treated for wounds sustained as a result of hostile action in Vietnam. 

2.  Evidence of record shows the applicant signed his DD Form 214 attesting to the fact he was not entitled to the Purple Heart.  

3.  The preponderance of evidence in this case shows that the applicant was not wounded as a result of hostile action or otherwise entitled to award of the Purple Heart.  Therefore, he is not entitled to correction of his military records to show award of the Purple Heart.

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 the aforementioned 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

JLP____  MHM____  JEA_____  DENY APPLICATION

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

INDEX

CASE ID	AR2000035320	
SUFFIX		
RECON		
DATE BOARDED	20000713	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19770406	
DISCHARGE AUTHORITY	AR 635-200 Chapter 6  	
DISCHARGE REASON	Hardship	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.