MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            26 October 2000
	DOCKET NUMBER:   AR2000041086

	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. Deyon D. Battle		Analyst	

The following members, a quorum, were present:

	Ms. Melinda M. Darby		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. William D. Powers		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:  The award of the Purple Heart.

APPLICANT STATES:  That in May 1968 he was carrying a 204 pound artillery shell on his shoulder when he was hit by a blast from an eight inch howitzer.  He states that he suffered a massive hernia that became infected because he was not evacuated for several weeks.  He concludes by stating that he spent 2 weeks in the hospital while he was in Vietnam.

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

He was inducted in the Army on 29 August 1967 at Fort Lewis, Washington.  He successfully completed his training as a cannoneer.  Upon completion of his training he was transferred to Vietnam.

His awards include the National Defense Service Medal, the Vietnam Service Medal and the Vietnam Campaign Medal.

A review of the applicant’s Enlisted Qualification Record fails to show that the applicant was wounded/injured while he was in Vietnam.

On 3 April 1969, he returned to the Continental United States.  He was honorably released from active duty on 4 April 1969 and he was transferred to the United States Army Reserve Control Group (Annual).

Army Regulation 600-8-22 provides that the Purple Heart is awarded for a wound/injury sustained as a direct result of hostile action.  Substantiating evidence must be provided to verify that the wound/injury was the result of hostile action.  The wound/injury must have required treatment by a medical officer, 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 actions by the Army in this case were proper, and there is no doubt to be resolved in favor of the applicant.

2.  The applicant’s contentions have been noted by the Board.  However, there is no evidence of record that shows that he was wounded/injured as a result of hostile action by the enemy.  His Enlisted Qualification Record clearly shows that he was not wounded while he was in the Army and the applicant has submitted no evidence in support of his request. 

3.  In the absence of evidence to the contrary, it must be presumed that what the Army did in his case was correct.

4.  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.

5.  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

__mmd__  ____ao__  ___wdp__  DENY APPLICATION

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

INDEX

CASE ID	AR2000041086	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2000/10/26	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  46	107.0000	
2.  61	107.0015	
3.		
4.		
5.		
6.