MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            12 September 2000 
	DOCKET NUMBER:   AR2000041531

	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. Calvin M. Fowler		Chairperson	
	Mr. Fred Eichorn		Member	
	Ms. Carol Jo Suiter		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 (Report of Transfer or Discharge) to show award of the Purple Heart.  

APPLICANT STATES:  That he was wounded on 4 October 1969 in Vietnam and awarded the Purple Heart while hospitalized in Cam Rayn Bay.  In support of his application, he submits a copy of his DD Form 214.

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

The applicant enlisted on 21 August 1967 for a period of 3 years.  He served as a light weapons infantryman in Vietnam from 22 February 1969 through 29 March 1970 and was honorably released on 29 March 1970.

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.  Item 41 (Awards and Decorations) on the applicant’s DA Form 20 (Enlisted Qualification Record) does not show entitlement to the Purple Heart.   

Item 40 (Wounds) on the applicant’s DA Form 20 (Enlisted Qualification Record) shows the entry “GSW [gunshot wound] CHEST 4OCT69”.  There is no evidence the applicant was hospitalized and there is no other indication he was wounded as a result of hostile action.  The applicant’s name does not appear on the Vietnam Casualty Roster. 

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 applicant’s contention that he was wounded on
4 October 1969 in Vietnam.  However, there is no evidence of record, and the applicant has provided no evidence, which shows that he was awarded the Purple Heart or that he was wounded, hospitalized or treated elsewhere for wounds as a result of hostile action on 4 October 1969.  

2.  The Board also noted the entry on the applicant’s DA Form 20 which indicates that he sustained a gunshot wound to his chest on 4 October 1969.  However, this entry 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 as a result of hostile action and did not receive the Purple Heart.

3.  The applicant signed his DD Form 214 attesting to the fact that he was not wounded as a result of hostile action or entitled to the Purple Heart.   

4.  The preponderance of evidence in this case shows that the applicant was not wounded as a result of hostile action or otherwise entitled to award of the Purple Heart.  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 this 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

CMF____  FE______  CJS_____  DENY APPLICATION

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

INDEX

CASE ID	AR2000041531	
SUFFIX		
RECON		
DATE BOARDED	20000912	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19700329	
DISCHARGE AUTHORITY	AR 635-200 Chapter 5	
DISCHARGE REASON	Overseas Returnee	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.