MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           13 July 2000                   
	DOCKET NUMBER:   AR2000037906

	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:

	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:  The award of the Purple Heart (PH).

APPLICANT STATES:  In effect, that he was wounded three times while assigned to the Republic of Vietnam.  He further states that he was wounded in February and March 1970.  His last injury occurred on 9 March 1970, the medic
was killed in action and the request for PH was not made. 

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

On 23 December 1968, the applicant enlisted in the Regular Army for a period of 2 years.  He completed basic combat training and advanced individual training and was awarded military occupational specialty (MOS) 11B Light Weapons
Infantryman.  His services were continuous through extensions and reenlistments.

He served in the Republic of Vietnam from January to December 1970.  There are no orders in the applicant’s service personnel records, which show that he was awarded the PH.  There is also 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 that he was authorized the PH award.

On 11 January 1973, he was released from active duty and transferred to the U.S. Army Reserve.  He completed 4 years and 19 days of creditable active service.  He was awarded the National Defense Service Medal, 2 Overseas 
Service Ribbons, the Vietnam Service Medal, the Army Occupation Medal (Berlin), the Army Commendation Medal, the Army Good Conduct Medal, Combat Infantryman Badge and the Sharpshooter Badge (M-16).

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 this 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.  However if the applicant can provide evidence of his injuries and they occurred due to hostile action he can apply for reconsideration.

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

__jlp___  __mhm___  __jea___  DENY APPLICATION

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

INDEX

CASE ID	AR2000037906	
SUFFIX		
RECON		
DATE BOARDED	20000713	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.