MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            12 September 2000 
	DOCKET NUMBER:   AR2000042565

	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 his Purple Heart was left off of his DD Form 214 and he needs proof of it to receive a Purple Heart tag for his vehicle.  He contends that he is service connected by the VA for scars and an eye condition incurred as a result of shrapnel sustained in Vietnam.  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 1 November 1966 for a period of 3 years.  He served as a light weapons infantryman in Vietnam from 18 April 1967 through 19 April 1968 and was honorably released on 12 October 1969. 

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.  His DA Form 20 (Enlisted Qualification Record) does not show any entry in item 40 (Wounds) or list the Purple Heart in item 41 (Awards and Decorations).

The applicant’s Standard Form 88 (Report of Medical Examination), dated 
19 June 1969, shows the entry “schrapnel scar left chest” in item 74 (Summary of Defects and Diagnoses).  The applicant also indicated in his Standard Form
89 (Report of Medical History), dated 19 June 1969, that he was hit in the right eye and left side by shrapnel in Vietnam.  However, there is no evidence that these injuries were 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.

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 is service connected by the VA for scars and an eye condition incurred as a result of shrapnel sustained in Vietnam.  However, there is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he was injured or treated for wounds as a result of hostile action in Vietnam.

2.  The applicant signed his DD Form 214 attesting to the fact he was not entitled to the Purple Heart.

3.  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 DD Form 214 to show award of the Purple Heart. 

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

CMF____  FE_____  CJS____  DENY APPLICATION

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

INDEX

CASE ID	AR2000042565	
SUFFIX		
RECON		
DATE BOARDED	20000912	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19691012	
DISCHARGE AUTHORITY	AR 635-200 	
DISCHARGE REASON	Early separation from overseas	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.