MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  17 August 2000
	DOCKET NUMBER:  AR2000039666

	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. Lee Cates		Analyst	

  The following members, a quorum, were present:

	Ms. Sherri V. Ward		Chairperson	
	Ms. Linda D. Simmons		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:  That his records be corrected to show his entitlement to award of the Purple Heart on his separation document (DD Form 214).

APPLICANT STATES:  That he was wounded in the right leg in 1970 and would like the Purple Heart awarded and issued.  The applicant provides some medical records, which indicate he received medical treatment for a fragment wound to the medial right leg on 7 April 1971.

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

On 30 April 1970, the applicant enlisted in the Army.  He completed his required training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

During the period 23 October 1970 to 24 October 1971, he served in a unit in Vietnam.

Records show that on 7 April 1981, he received a wound to the right leg.  There is no evidence of how this wound occurred.

On 3 January 1972, he was honorably separated under Army Regulation 635-200, paragraph 5-3, based on a phase down release program – expanded.  His report of separation indicates he had 1 year, 7 months and 22 days of creditable service.

Records show he authenticated his DD Form 214 (item 24, Decorations), and his DA Form 20, Enlisted Qualification Record (item 40, Wounds), without showing wounds received in action. 

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 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.  There is no evidence of record available to the Board, which shows that the applicant was wounded or treated for wounds due to hostile action; therefore, he is not entitled to award of the Purple Heart.

2.  The Board does not dispute the wound/injury as documented by the applicant. It is shown in his records.  It is not shown, however, that it was the result of hostile action. The record does not show he was wounded as a result of hostile action or that he was wounded in action.

3.  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.

4.  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

__sw___  __ls____  ___mm___  DENY APPLICATION

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

INDEX

CASE ID	AR2000039666	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000817	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.107	PH	
2.		
3.		
4.		
5.		
6.