MEMORANDUM OF CONSIDERATION

	IN THE CASE OF

	BOARD DATE:  15 August 2000
	DOCKET NUMBER:  AR2000040033

	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:

	Mr. Thomas D. Howard		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Ms. Gail J. Wire		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 entitlement to award of the Purple Heart with 1st Oak Leaf Cluster.

APPLICANT STATES:  That his DD Form 214 (Report of Transfer or Discharge) does not show award of this award.

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

On 19 January 1967, the applicant enlisted in the Army.  He completed his required training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

During the period 25 July 1967 to 8 March 1968, he served in a unit in Vietnam.

On 1 March 1968, Special Orders Number 53, 106th General Hospital (Vietnam) directed the air evacuation of the applicant to Japan and subsequently the United States, effective 9 March 1968.

On 25 September 1969, officials at Fort Lewis, Washington requested assistance from the applicant’s former unit in Vietnam, concerning awards of the Purple Heart and the Combat Infantryman Badge (CIB).

On 27 September 1969, officials in the applicant’s former unit in Vietnam responded to the Fort Lewis request for assistance and orders for the CIB were furnished.  There was no record of a casualty report on the applicant.  All awards of the Purple Heart must have been based on pertinent casualty reports for verification.  There were none.

On 16 January 1970, he was honorably separated based on the expiration of his term of service.  His DD Form 214 indicates he had 2 years, 11 months and      28 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 applicant was reassigned from Vietnam, however, it has not been shown he was wounded in action, or that he is entitled to the Purple Heart or Oak Leaf Cluster.  All possible verification of his award of the Purple Heart is negative.

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

__th__  ___ao__  __gw___  DENY APPLICATION

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

INDEX

CASE ID	AR2000040033	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000815	
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 w/OLC	
2.		
3.		
4.		
5.		
6.