MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            29 June 2000      
	DOCKET NUMBER:   AR2000037836

	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. JoAnn H. Langston		Chairperson	
	Mr. John N. Slone		Member	
	Mr. Melvin H. Meyer		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:  Award of the Purple Heart.

APPLICANT STATES:  In effect, that he is entitled to the Purple Heart for an injury he incurred in Vietnam.  

The applicant’s records contain a notarized statement, dated 2 March 1999, from an Army medic that witnessed an explosion in which the applicant sustained a shrapnel wound to the back of his neck in Vietnam in April 1970.  The medic contends that he treated the applicant’s injury, that he prepared the applicant for evacuation to the 24th Evacuation Hospital and that the applicant was hospitalized for over a week as a result of this injury. 

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

The applicant enlisted on 1 July 1969 for a period of 2 years.  He served as a heavy grader equipment operator in Vietnam from 17 December 1969 through
1 February 1971 and was honorably discharged on 3 February 1971.

The applicant’s DD Form 214, which was authenticated in his own hand, 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.  There also is no evidence in his records that he was wounded or treated for wounds as a result of hostile action.  His 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).  The applicant’s name does not appear on the Vietnam Casualty Roster.

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 notes the notarized statement from the medic.  However, this statement made approximately 29 years after the fact is not sufficient by itself as a basis for award of the Purple Heart in view of evidence of record which shows the applicant was not wounded.         

2.  The applicant signed his DD Form 214 attesting to the fact that he was not entitled to the Purple Heart.
3.  There is no evidence of record available to the Board which shows the applicant was wounded or treated for wounds as a result of hostile action in Vietnam.  Therefore, the applicant 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

JHL_____  JNS____  MHM____  DENY APPLICATION

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

INDEX

CASE ID	AR2000037836	
SUFFIX		
RECON		
DATE BOARDED	20000629	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19710203	
DISCHARGE AUTHORITY	AR 635-200 Chapter 5	
DISCHARGE REASON	Early separation of oversea returnee	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.