MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            15 August 2000                  
	DOCKET NUMBER:   AR2000040452

	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	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Thomas D. Howard, Jr. 		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:  Award of the Purple Heart.  

APPLICANT STATES:  In effect, that he was injured in Vietnam and his injuries are not shown in his medical records.  In support of his application, he submits a copy of his DD Form 214 (Report of Transfer or Discharge), documentation from the VA dated 11 January 1993 and two “Buddy” letters attesting that the applicant was wounded by a mortar round on 20 February 1968 in Vietnam.

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

The applicant enlisted on 4 October 1966 for a period of 3 years.  He served in Vietnam from 21 May 1967 through 16 May 1968 and was honorably discharged on 18 July 1969.  

The applicant’s DD Form 214, which was authenticated in his own hand, does not show the Purple Heart as an authorized award.

There is no evidence in the applicant’s personnel records that he was awarded the Purple Heart or was wounded as a result of hostile action.  Item 40 (Wounds) of the applicant’s DA Form 20 (Enlisted Qualification Record) is blank.  Item
41 (Awards and Decorations) of the DA Form 20 does not show entitlement to the Purple Heart. 

The applicant provided VA documentation, dated 11 January 1993, which shows service connection has been established for a shrapnel wound to the left arm and that a less than 10 percent evaluation has been assigned because there is no limitation of function.      

The applicant also provided two eyewitness statements (dated 27 October 1997 and 22 August 1997) from fellow soldiers attesting that the applicant was wounded by a mortar round on 20 February 1968 in Vietnam.  

Army Regulation 600-8-22 (Military Awards) 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.  The Board noted the VA decision to award service connection for a shrapnel wound.  However, this decision is not sufficient as a basis for award of the Purple Heart, particularly in view of the evidence of record which shows the applicant was not wounded and did not receive the Purple Heart. 

2.  The Board also noted the two eyewitness statements submitted on behalf of the applicant.  However, these statements made 29 years after the fact are not sufficient by themselves as a basis for award of the Purple Heart in view of evidence of record which shows the applicant was not wounded.

3.  Evidence of record shows the applicant signed his DD Form 214 attesting to the fact he was not entitled to the Purple Heart. 

4.  There is no evidence of record available to the Board which shows the applicant was wounded or treated for wounds as a result of hostile action in  Vietnam.  Therefore, the applicant is not entitled to correction of his military records to show award of the Purple Heart. 

5.  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.

6.  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

TDH_____  AAO___  GJW_____  DENY APPLICATION

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

INDEX

CASE ID	AR2000040452	
SUFFIX		
RECON		
DATE BOARDED	20000815	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19690718	
DISCHARGE AUTHORITY	AR 635-200  Chapter 5  	
DISCHARGE REASON	School Release	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.