MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       .

	BOARD DATE:                     24 August 2000
	DOCKET NUMBER:             AR2000040484

	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. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Mr. Allen L. Raub		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:  Correction of his DD Form 214 (Armed Forces of the United States Report of Transfer) with a separation date of 9 April 1971 to show award of the Purple Heart.

APPLICANT STATES:  That he injured his leg in Vietnam in February 1970 in a helicopter accident.  He also states that he received fragment wounds on 11 November 1969, but was never awarded the Purple Heart.  He further states that he was awarded the Combat Infantryman Badge and the Bronze Star Medal with “V” Device while serving in South Vietnam.  In support of his application he submits a copy of his VA Rating Decision, dated 19 May 1981, copies of his
DD Forms 214, two copies of his DD Forms 3349 (Medical Condition-Physical Profile Record) and a copy of orders awarding him the Bronze Star Medal with “V” Device.

EVIDENCE OF RECORD:  The applicant’s military records show he enlisted on
7 June 1968 and continued to serve until he was honorably discharged on 21 April 1969 in order to accept a commission in the USAR.  He was commissioned as a second lieutenant in the USAR on 22 April 1969 and
served in Vietnam from 21 October 1969 to 20 May 1970.  He was released 
from active duty on 9 April 1971.  

The applicant’s DD Form 214 with a separation date of 9 April 1971 does 
not show the Purple Heart as an authorized award. 

There is no record that he was awarded the Purple Heart.  There also is no indication he was wounded as a result of hostile action.

The applicant provided a copy of his DA Form 3349, dated 17 September 1970,
which shows that he sustained an injury to his right knee. 

The applicant provided a copy of his VA Rating Decision, dated 19 May 1981, 
which shows he was granted a service-connected disability for his right knee condition.  There also is no indication in the available records to show that his
knee condition was the result of hostile action.  There also are no service medical records which show that he was wounded as a result of hostile action or treated for wounds resulting from hostile 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.  The Board noted the applicant’s contentions that he injured his leg in Vietnam in February 1970 in a helicopter accident and that he received fragment wounds on 11 November 1969.  However, there is no evidence available to the Board, and the applicant has provided no evidence, which shows he injured his leg and received fragment wounds as a result of hostile action while serving in Vietnam.
Therefore, he is not entitled to correction of his records to show the Purple Heart.

2.  Notwithstanding the VA Rating Decision which awarded the applicant
service-connected disability for his right knee condition; there is no medical evidence which shows that he was wounded as a result of hostile action. Therefore, he is not entitled to award of the Purple Heart.

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:

GDP____  CLG_____  ALR____  GRANT

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

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

INDEX

CASE ID	AR2000040484	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000824	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19710409	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  61		
2.		
3.		
4.		
5.		
6.