MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           19 December 2000
	DOCKET NUMBER:   AR2000042552

	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	
	Mr. Robert J. McGowan		Analyst	

  The following members, a quorum, were present:

	Mr. James P. Huber		Chairperson	
	Mr. Raymond J. Wagner		Member	
	Mr. Kenneth L. Wright		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, that he be awarded the Purple Heart.

APPLICANT STATES:  In effect, that while at Fire Base Sung Bay in Vietnam, he fell to the ground and he was picked up and taken to the aid station.  He was medically evacuated to Long Binh where he remained for 3 weeks.  He was supposed to receive a Purple Heart, but he returned to his unit to continue his duty even though sick and wounded.  He provides no evidence in support of his application.

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

He was inducted into the Army of the United States for 2 years on 6 November 1968 and remained on continuous active duty until honorably discharged by reason of physical disability on 17 June 1977.  Trained in military occupational specialty (MOS) 76W (Petroleum Distribution Specialist), he served in that field, and in unit supply, throughout his military service.

The applicant served a 1-year tour of duty in Vietnam from 13 September 1969 to 12 September 1970.  During that tour, he accepted nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice, for abandoning his guard post on 11 December 1969.  He was punished with forfeiture of $50 per month for 2 months and 7 days' extra duty.  He also was promoted to Specialist 4th Class on 20 May 1970.

On 16 May 1977, the applicant underwent a Medical Evaluation Board (MEBD) which found him to be suffering from paranoid schizophrenia and recommended that he be given a Physical Evaluation Board (PEB) which he underwent at Fort Gordon, Georgia on 20 May 1977.  The PEB found him suffering from manic depression, labeled him as 10 percent disabled, and recommended that he be separated with disability severance pay.  On 25 May 1977, the applicant concurred with the PEB's recommendation.

On 17 June 1977, the applicant was honorably discharged for physical disability under the provisions of Army Regulation 635-40.  He had a total of 8 years, 7 months, and 12 days of creditable service.  His DD Form 214, Report of Separation From Active Duty, shows that he received the following awards:  the Vietnam Service Medal with 4 Bronze Service Stars, the Vietnam Campaign Medal, the Good Conduct Medal (2nd award), the National Defense Service Medal, the Vietnam Cross of Gallantry with Palm, and 2 Overseas Bars.

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:  (1) the wound was the result of hostile action; (2) the wound required medical treatment; and (3) the medical treatment was 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.  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.

2.  There is no evidence in the applicant's service record, nor has he provided any, to show that he was wounded in Vietnam and entitled to the award of the Purple Heart.  The Board notes that his disability separation was the result of manic depression and was not based on disability resulting from injury or disease received in the line of duty as a direct result of armed conflict.

3.  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

__jph___  __rjw____  __klw____  DENY APPLICATION

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

INDEX

CASE ID	AR2000042552	
SUFFIX		
RECON		
DATE BOARDED	20001226	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY	DIRECTOR	
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.