MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           17 May 2000                   
	DOCKET NUMBER:   AR2000036501

	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	
	Mrs. Joyce A. Hughes		Analyst	

  The following members, a quorum, were present:

	Mr. Calvin M. Fowler		Chairperson	
	Mr. Fred Eichorn		Member	
	Mr. Raymond J. Wagner		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:  The award of the Purple Heart (PH).

APPLICANT STATES:  In effect that he is requesting to be awarded the PH for an injury that he received while in Vietnam.  He states that he was shot while traveling in a UH1 helicopter as a secret courier for the 1st Aviation Brigade.
The applicant submitted two letters in support of his application.

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

The applicant was inducted into the Army on 6 June 1966.  He completed the required training and was awarded military occupational specialty (MOS) 
31N20 (Tactical Circuit Control).  He served in Vietnam from February 1967 to March 1968 and was honorably discharged on 11 March 1968.

There are no orders in the applicant’s service personnel records, which show that he was awarded the PH.  There also is no evidence in his records, which show that he was wounded or was treated for wounds as a result of hostile action.  The applicant’s DA Form 20 (Enlisted Qualification Record) does not show an entry under item 40 (Wounds) and item 21 (Awards and Decorations) does not show the PH as an authorized award.

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 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.  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.

2.  There is no evidence, nor has the applicant provided any evidence, which shows that he was wounded or was treated for wounds due to hostile action.  Therefore, the applicant is not entitled to the award of the Purple Heart. 

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

__cmf___  __fe____  __rjw___  DENY APPLICATION

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

INDEX

CASE ID	AR2000036501	
SUFFIX		
RECON		
DATE BOARDED	20000517	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.