MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           22 August 2000                   
	DOCKET NUMBER:   AR2000040537

	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. Edward Williamson		Chairperson	
	Ms. Margaret V. Thompson		Member	
	Mr. Kenneth W. Lapin		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:  In effect, correction of his military records to show award of the Purple Heart. 

APPLICANT STATES:  That he sustained a gunshot wound in his leg in 1965 in Vietnam.  In support of his application, he submits a copy of his DD Form 214 (Report of Transfer or Discharge). 

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

The applicant enlisted on 28 January 1963 for a period of 3 years.  He served as a light weapons infantryman in Vietnam from 10 October 1965 through
24 October 1965 and was honorably discharged on 7 January 1966.  

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

There are no orders in the applicant’s service personnel records which show that he was awarded the Purple Heart.  There also is no evidence in his records that he was wounded or treated for wounds as a result of hostile action.  Item 
27 (Wounds Received as a Result of Action with Enemy Forces) on his DD Form 214 is blank.  Section 8 (Wounds Received Through Enemy Action) on his DA Form 24 (Service Record) is also blank.

The applicant’s personnel records contain a copy of DD Form 1380 (U.S. Field Medical Card), dated 25 October 1965, which shows the applicant sustained a self-inflicted gunshot wound to his left calf/leg on 25 October 1965 while cleaning his .45 caliber pistol.  

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.  Medical evidence of record shows the applicant sustained a self-inflicted gunshot wound on 25 October 1965 in Vietnam, not as a result of hostile action.

2.  There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he was wounded or treated for wounds as a result of hostile action in Vietnam.  Therefore, he is not entitled to correction of his military records to show 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 the aforementioned 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

EW_____  MVT____  KWL____  DENY APPLICATION

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

INDEX

CASE ID	AR2000040537	
SUFFIX		
RECON		
DATE BOARDED	20000822	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19660107	
DISCHARGE AUTHORITY	AR 635-205  	
DISCHARGE REASON	Overseas returnee	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.