MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           18 January 2001                   
	DOCKET NUMBER:   AR2000043269

	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	
	Mrs. Joyce A. Hall		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. John T. Meixell		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:  That he be awarded the Purple Heart.

APPLICANT STATES:  In effect, that while serving his second tour in the Republic of Vietnam (RVN) he received shrapnel wounds to his left knee.  He states in effect, that he was going to his bunker when he was hit during a mortar/rocket attack.  Someone helped him to a local medical unit where the applicant received stitches for his wound.  After receiving treatment for his wounds, he was told by a doctor to go the main hospital the next day for a follow up check-up.  In support of his application the applicant submits copies of Chronological Record of Medical Care (Standard Form 600), a signed statement from an eyewitness and his rating decision from the Department of Veterans Affairs.

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

On 27 June 1969, he enlisted in the Army for 3 years.  He completed the required training and was awarded military occupational specialty 71C30 (Stenographer).  The highest pay grade he achieved was pay grade E-5.

The applicant’s Enlisted Qualification Record (DA Form 20) shows that he
served two tours in the RVN.  The first tour was from 25 March 1967 to 
20 January 1968.  He volunteered for a second tour, which was from 28 June 1968 to 21 June 1969.

Medical documents that was furnished by the applicant shows that on 28 March 
1969, he was treated for shrapnel wounds to his left knee.  It appears that information is missing from the Standard Form 600.  The applicant’s medical records are not available the medical evidence that is available was provided by the applicant.

The applicant submits as evidence an eyewitness statement dated 17 August 1996.  The eyewitness stated in effect, that on the night that the applicant was wounded they were watching an outdoor movie when the enemy with rockets and mortars attacked them.  The applicant was wounded in the left knee by shrapnel.  The eyewitness helped the applicant to a local medical unit where the applicant received stitches for his wound.  The next day he accompanied the applicant to a medical evacuation hospital and that was the last time the eyewitness saw him until they were back in the United States.  

His DA Form 20 does not show any entry in item 40 (Wounds) or list the Purple Heart in item 41 (Awards and Decorations).  There also is no evidence in his records that show he was wounded or treated for wounds as a result of hostile action.  There are no orders in the applicant’s military personnel records, which show that he was awarded the Purple Heart.

On 27 June 1969, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve.  He completed 2 years, 10 months and 
29 days of creditable active service.  His Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) shows that he was awarded the National Defense Service Medal, the Army Commendation Medal, the Army Good Conduct Medal, the Bronze Star Medal, the Vietnam Service Medal and the Vietnam Campaign Medal.  It does not show the award of the Purple Heart.

Army Regulation 600-8-22 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 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.  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.  The evidence submitted by the applicant shows that he received treatment for a shrapnel wound; however it does not indicate how this injury occurred or that the wound received was battle related.  

3.  It is noted that the VA has rated the applicant with a service connected injury, however to be awarded the Purple Heart the injury must be documented and resulted from hostile action.  Although, the applicant submits as evidence an eyewitness statement, the statement does not substantiate the applicant’s allegation.  Therefore, the Board is reluctant to authorize such award without official substantiating evidence.  If the applicant can provide substantiating evidence that shows his injury was a result of hostile action, he may reapply. 

4.  Therefore, 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

__jns___  __mhm___  __jtm___  DENY APPLICATION

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

INDEX

CASE ID	AR2000043269	
SUFFIX		
RECON		
DATE BOARDED	20010118	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.