MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           11 July 2000                   
	DOCKET NUMBER:   AR2000039423

	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. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond J. Wagner		Chairperson	
	Mr. John Saputo		Member	
	Mr. Roger Able		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 his records be corrected to show he was awarded the Purple Heart.

APPLICANT STATES:  That he was wounded in 1968 when a landmine hit the jeep he was in.  He was given the Purple Heart Medal by Lieutenant D___ but no orders.  He provides his DD Forms 214, Report of Transfer or Discharge, as supporting evidence.

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

He was inducted into the Army on 21 July 1966.  He arrived in Vietnam on         12 July 1967 and was assigned to the 525th Military Intelligence Group and performed duties as a 71B20, clerk typist.  He was reassigned to Company C, 1st Battalion 2d Infantry, 1st Infantry Division on 2 August 1967 and performed duties as an 11B20, grenadier.  He was reassigned to 1st Military Police Company, 1st Infantry Division on 10 November 1967 as a 71B30, clerk typist.  He departed Vietnam on 11 July 1968.  He was again assigned to Vietnam on 12 June 1969 and was assigned to 1st Military Police Company, 1st Infantry Division and performed duties as a 95B40, military policeman squad leader and platoon sergeant.  He departed Vietnam on 26 November 1970.  He was released from active duty on 4 June 1971.

There is no evidence of record to show the applicant was wounded.  His name does not appear on the Vietnam Casualty List.  His service medical records are not available.

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.  Other than the applicant’s statement, there is no evidence of record to show that he was wounded and awarded the Purple Heart.  Substantiating evidence would include copies of medical treatment records to show he was wounded and treated or notarized statements from Lieutenant D___ or other members of his unit personally familiar with the landmine incident verifying the date and circumstances of his injuries.  

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

__rjw___  __js____  ___ra___  DENY APPLICATION

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

INDEX

CASE ID	AR2000039423	
SUFFIX		
RECON		
DATE BOARDED	20000711	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.