MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           12 October 2000                   
	DOCKET NUMBER:   AR2000039335

	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. John D. Miller		Chairperson	
	Ms. Carol Jo Suiter		Member	
	Mr. John E. Denning		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:  In effect that the record of the former service member (FSM) be corrected to show the award of the Purple Heart (PH).

APPLICANT STATES:  In effect, that the FSM was stationed in Vietnam and while serving with the 4th Infantry Division he was wounded in a mortar attack.  He was awarded the PH for that injury in August 1967.  The applicant who was appointed by the court as executor of the FSM’s estate made a request to have the award of the PH placed on the FSM’s headstone.  The request was denied because the award could not be verified.

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

On 8 November 1965, with parental consent the FSM enlisted in the Regular Army for 3 years.  He completed the required training and was awarded the military occupational specialty 64C (Truckmaster).  The highest pay grade he achieved was pay grade E-5.

There are no orders in the FSM’s military record, which shows that he was awarded the PH.  There also is no evidence in his record, which shows that he was wounded or was treated for an injury as a result of hostile action.

On 7 November 1968, the FSM was honorably discharged from active duty and was transferred to the U.S. Army Reserve.  He completed 3 years of creditable active service.  His Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) shows that he was awarded the National Defense Service Medal and the Sharpshooter Badge (Rifle).  His DD Form 214, does not show the award of the PH.

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 the FSM was wounded or was treated for wounds due to hostile
action.  Therefore, the FSM is not entitled to the award of the Purple Heart.  However, if the applicant can provide evidence of the FSM’s injury and the injury occurred due to hostile action she 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

__jdm___  __cjs___  __jed___  DENY APPLICATION

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

INDEX

CASE ID	AR2000038335	
SUFFIX		
RECON		
DATE BOARDED	20001012	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.