MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:             20 July 2000
	DOCKET NUMBER:    AR2000035607

	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. Walter Avery, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Samuel A. Crumpler		Chairperson	
	Ms. Ann M. Campbell		Member	
	Mr. Kenneth L. Wright		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 his military records be corrected to show he was awarded the Purple Heart.

APPLICANT STATES:  That he received wounds to his right hand, and left foot while in combat at a fire base in Phu Bai, Vietnam.  He further states he was airlifted to Thailand for medical treatment.

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

He entered active duty on 13 January 1971 and completed training as a morse code intercept operator.  He served in Vietnam from 30 December 1971 – 26 May 1972, and on 1 November 1972 was separated with an undesirable discharge.

On 5 January 1977 the Army Discharge Review Board approved an upgrade of the applicant’s undesirable discharge to a general discharge.

On 14 January 1998 the Army Board for Correction Military Records denied the applicant’s request to have the rank on his DD Form 214 (Certificate of Release or Discharge from Active Duty) corrected to read private first class, E-3.

An entry in the applicant’s medical record shows that on 28 August 1972 he received treatment to the right hand after it was accidentally stepped on.

The applicant’s DD Form 214, which was authenticated in his own hand at the time of his separation, does not show the Purple Heart as an authorized award.

There are no orders in the applicant’s service personnel records, which show that he was awarded the Purple Heart.  

The applicant’s DA Form 20 (Enlisted Qualification Record) does not show any entry in item 40 (Wounds) or list the Purple Heart in item 41 (Awards and Decorations).

Army Regulation 600-8-22 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.

U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided, in pertinent part, for award of the Purple Heart.  The regulation stated that authority to award the Purple Heart was delegated to hospital commanders. Further, it directed that all personnel treated and released within 24 hours will be awarded the Purple Heart by the organization to which the individual is assigned. Personnel requiring hospitalization in excess of 24 hours or evacuation from Vietnam will be awarded the Purple Heart directly by the hospital commander rendering treatment.

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 applicant’s medical records, which are available for the time period he served in Vietnam, contain no evidence that he was wounded in combat or airlifted to Thailand for medical treatment.  Neither is there evidence that his unit commanders or hospital commander recommended him for the Purple Heart.  The available records indicate that the applicant is not eligible for the award of 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

_sac ____  ___amc __  __klw __  DENY APPLICATION

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

INDEX

CASE ID	AR2000035607	
SUFFIX		
RECON		
DATE BOARDED		
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	20000720	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION		
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.