MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           19 September 2000 
	DOCKET NUMBER:   AR2000041893

	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. Hubert O. Fry, Jr.		Chairperson	
	Mr. John P. Infante		Member	
	Ms. Regan K. Smith		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:  Two awards of the Purple Heart (correctly known as the Purple Heart (First Oak Leaf Cluster)).   

APPLICANT STATES:  In effect, that he sustained a shrapnel wound to his right wrist in 1962 by a hidden mortar unit while on a search and rescue mission in North Vietnam.  He contends that the “metallic foreign body” lodged in his hand and was not removed until 10 July 1980.  He also contends that he sustained a combat wound in 1963.  In support of his application, he submits a copy of VA Form 10-1000 (Hospital Summary) dated 10 July 1980. 

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

The applicant enlisted on 31 August 1960 for a period of 3 years.  He served as a field artillery basic crewman in Hawaii and Thailand from 2 February 1961 through 5 August 1963 and was honorably released on 10 August 1963.

The applicant’s DD Form 214 (Report of Transfer or Discharge), which was authenticated in his own hand, does not show any award of the Purple Heart as an authorized award.  Item 27 (Wounds Received as a Result of Action with Enemy Forces) on his DD Form 214 shows the entry “NONE”.

There are no orders in the applicant’s service personnel records which show that he was awarded the Purple Heart.  

Section 8 (Wounds Received Through Enemy Action) on the applicant’s Service Record is blank.

The applicant provided a copy of VA Form 10-1000 (Hospital Summary), dated 10 July 1980, which shows a metallic foreign body was removed from the applicant’s right hand.  There is no evidence that this injury was the result of hostile action. 

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.  The bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart.

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 sustained combat wounds in 1962 and 1963.  However, there is no evidence of record which shows the applicant was injured or treated for wounds as a result of hostile action.  

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

3.  The preponderance of evidence in this case shows he was not wounded or otherwise entitled to any award of the Purple Heart.  Therefore, the applicant is not entitled to correction of his military records to show the Purple Heart (First Oak Leaf Cluster).

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

HOF____  JPI_____  RKS_____  DENY APPLICATION

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

INDEX

CASE ID	AR2000041893	
SUFFIX		
RECON		
DATE BOARDED	20000919	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19630810	
DISCHARGE AUTHORITY	AR 635-205  	
DISCHARGE REASON	Overseas returnee	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.