MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            10 May 2000       
	DOCKET NUMBER:   AR2000036805

	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. Margaret K. Patterson 		Chairperson	
	Mr. George D. Paxson 		Member	
	Mr. Thomas B. Redfern, III		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:  Correction of his DD Form 214 (Report of Transfer or Discharge) to show award of the Purple Heart.  

APPLICANT STATES:  In effect, that he sustained an injury to his right leg in Vietnam.  In support of his application, he submits two photographs of a soldier with a bandage on his right leg; a VA decision, dated 19 January 2000, which grants service-connected disability compensation for scar, right knee; and a Disabled American Veterans letter, dated 25 January 2000.      

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

The applicant was inducted on 26 May 1966.  He served as a supply specialist in Vietnam from 5 November 1966 through 4 November 1967 and was honorably discharged on 9 April 1968.  He immediately reenlisted on 10 April 1968 for a period of 6 years and served as a supply specialist in Vietnam from 9 April 1969 through 7 June 1969.  On 8 September 1971, the applicant was discharged under other than honorable conditions under the provisions of Army Regulation 
635-200, chapter 10, for the good of the service. 

The applicant’s DD Forms 214, 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 service personnel records that he was awarded the Purple Heart or was wounded as a result of hostile action.

His DA Form 20 (Enlisted Qualification Record) does not reflect entitlement to the Purple Heart and item 40 (Wounds) on his DA Form 20 is blank.

The applicant provided two photographs of a soldier with a bandage on his right leg.  He also provided VA documentation which shows he was rated zero percent for scar of the right knee.  There is no evidence that these injuries were 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 sustained an injury to his right leg in Vietnam.  The Board also reviewed the photographs and the VA documentation provided with his application.  However, there is no evidence of record available to the Board which shows that he was injured or treated for wounds as a result of hostile action in Vietnam.

2.  The applicant signed his DD Forms 214 attesting to the fact he was not entitled to the Purple Heart.

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

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

MKP____  GDP____  TBR_____  DENY APPLICATION

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

INDEX

CASE ID	AR2000036805	
SUFFIX		
RECON		
DATE BOARDED	20000510	
TYPE OF DISCHARGE	(UOTHC)	
DATE OF DISCHARGE	19710908	
DISCHARGE AUTHORITY	AR 635-200 Chapter 10  	
DISCHARGE REASON	For the good of the service	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.