MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            26 September 2000 
	DOCKET NUMBER:   AR2000043447

	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. Arthur A. Omartian		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. Thomas F. Baxter		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:  Award of the Purple Heart.  

APPLICANT STATES:  In effect, that he was wounded in the head by flying shrapnel after an explosion on or about 11 February 1971 in Vietnam.  He contends that he was treated at the base field hospital, that paperwork was filled out by the doctor and that he signed the paperwork before his release.  In support of his application, he submits a photograph depicting a soldier with a bandage on his head, dated 11 February 1971; a letter, dated 18 May 1999, from the applicant to the National Personnel Records Center; a Reply Concerning Military Records, dated 28 September 1999, from the National Personnel Records Center; and copies of DD Forms 214 with effective dates of 17 April 1968 and 24 March 1972. 

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

The applicant enlisted on 18 August 1967 and was honorably discharged on
17 April 1968 for immediate reenlistment .  He reenlisted on 18 April 1968 for a period of 4 years.  The applicant served as a heavy vehicle driver in Vietnam from 4 October 1969 through 6 October 1970 and from 5 August 1971 through 23 March 1972.  He was honorably released on 24 March 1972.

The applicant’s DD Form 214 with an effective date of 24 March 1972, 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 military 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.

Evidence of record shows that on 23 March 1972 the applicant underwent a separation physical examination which makes no mention of any wounds sustained as a result of hostile action.  The applicant provided the following entries in item 73 (Notes (Continued) and Significant or Interval History) on the separation physical examination:  “Since my last Phy [physical] has not changed”, “My condition Excellent”, and “Med [medical] Records Rev [reviewed]”. 

The applicant provided a photograph, dated 11 February 1971, which he contends is a picture of himself with a bandage on his head in Vietnam following his release from the field hospital.  The Board notes that there is no evidence in the applicant’s records which shows that he was serving in Vietnam on or about 11 February 1971.

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 photograph and the applicant’s contention that he was wounded in the head by flying shrapnel after an explosion on or about
11 February 1971 in Vietnam.  However, there is no evidence of record which shows he was assigned to Vietnam on or about 11 February 1971.

2.  There is no evidence of record available to the Board which shows that the applicant was injured or treated for wounds as a result of hostile action in Vietnam.  

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

4.  The preponderance of evidence in this case shows he was not wounded or otherwise entitled to the Purple Heart.  Therefore, he is not entitled to correction of his military records to show this award.

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

AAO____ MHM____  TFB_____  DENY APPLICATION

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

INDEX

CASE ID	AR2000043447	
SUFFIX		
RECON		
DATE BOARDED	20000926	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19720324	
DISCHARGE AUTHORITY	AR 635-200   	
DISCHARGE REASON	Overseas Returnee	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.