MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            15 June 2000
	DOCKET NUMBER:   AR2000037922

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Orville W. Troesch, Jr.		Chairperson	
	Ms. Kathleen A. Newman		Member	
	Ms. Margaret V. Thompson		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 he be awarded the Purple Heart.

APPLICANT STATES:  In effect, that he was injured in Vietnam and treated for his injuries (head laceration) in an aid station on 13, 14 and 15 July 1971.  In support of his application he submits pages from his medical records showing that he was treated for a head laceration while in Vietnam.

COUNSEL CONTENDS:  In effect, that the applicant should receive the benefit of the doubt regarding his injury and that he should be awarded the Purple Heart.

EVIDENCE OF RECORD:  The applicant's military records obtained from the National Personnel Records Center show:

He was initially inducted in Chicago, Illinois on 3 February 1970.  He successfully completed his training at Fort Knox, Kentucky and was transferred to Germany on 2 August 1970 for duty as an armor crewman.  He remained in Germany for 6 months until he was transferred to Vietnam on 7 April 1971.

The medical records submitted by the applicant show that he reported to the aid station on 13 July 1971 and was treated for a cut on his head that he had received 2 days prior.  He received follow-up treatment on 14 and 15 July 1973.  There is no indication in those records to indicate that it was a combat injury associated with an action against the enemy.

He served in Vietnam until 2 November 1971 when he was returned to Fort Lewis, Washington for separation as an overseas returnee.  He was honorably released from active duty on 3 November 1971 and was transferred to the USAR Control Group (Annual Training).  He had served 1 year, 9 months and 1 day of total active service.  He was awarded the Vietnam Service Medal, the National Defense Service Medal, and the Expert Marksmanship Badge with M14 bar.   

He enlisted in the Regular Army on 29 August 1972 for a period of 3 years and was transferred to Fort Knox.  He began a series of going AWOL and was discharged under other than honorable conditions on 20 April 1973 under the provisions of Army Regulation 635-200, chapter 10, in lieu of trial by             court-martial.  He had served 3 months and 12 days of his current enlistment and had 130 days of lost time.  

A review of his military records, which were absent of any medical records, failed to reveal any indication that the applicant had been wounded or injured while engaged in combat or that he had been treated for such a wound or injury.  In addition, a staff member of the Board contacted the service organization designated as his counsel in order to obtain any documents that might support the applicant’s contentions.  However, his counsel was unable to provide any such documents.
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 a result of hostile action, that the wound must have required treatment by a medical officer, and that the medical treatment was 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.  The evidence of record fails to show that the applicant was wounded/injured as a result of enemy action; therefore, there is no basis for the Board to award him 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

___mwt__  ___owt__  __kan___  DENY APPLICATION

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

INDEX

CASE ID	AR2000037922	
SUFFIX		
RECON		
DATE BOARDED	2000/06/15	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  61	107.0015/PH	
2.		
3.		
4.		
5.		
6.