MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            26 September 2000                  
	DOCKET NUMBER:   AR2000044226

	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:  Correction of his military records to show award of the Purple Heart.  He also requests that two Article 15’s be removed from his military records.  

APPLICANT STATES:  The applicant provided two applications.  In his first application he states, in effect, that he is entitled to the Purple Heart for combat wounds received in service.  In his second application, he contends that his religious beliefs prohibit him from performing work related activities on Saturdays and that he was given an Article 15 in 1967 when he disobeyed a direct order to change into his fatigues and attend a class conducted on a Saturday.  In support of his applications, he submitted a copy of his DD Form 214 (Report of Transfer or Discharge).   

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

The applicant was inducted on 18 July 1966.  He successfully completed basic and advanced individual training and was transferred to Korea for duty as a medical corpsman on 10 January 1967.

DA Form 2627-1 (Record of Proceedings Under Article 15, UCMJ), dated 
19 September 1967, shows that while serving in Korea, nonjudicial punishment was imposed against the applicant for disobeying a lawful order to change into duty uniform and report to the orderly room.  His punishment consisted of a reduction to pay grade E-2 and a forfeiture of pay (reduction to pay grade E-2 was suspended for 60 days).   

DA Form 2627-1, dated 18 January 1968, shows that while serving in Korea, nonjudicial punishment was again imposed against the applicant for being derelict in the performance of his duties as a medic when he failed to carry proper medical supplies to a field exercise when instructed to do so by the Battalion Surgeon thereby possibly endangering the health and welfare of the men in the field.  His punishment consisted of a reduction to pay grade E-2 and a forfeiture of pay (reduction to pay grade E-2 suspended for 30 days). 

The applicant returned to the United States on 9 February 1968 and was honorably released on 17 July 1968.

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).

Evidence of record shows that on 26 April 1968 the applicant underwent a separation physical examination which makes no mention of any wounds sustained as a 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.

Army Regulation 27-10 (Military Justice), in pertinent part, states the applicable policies for nonjudicial punishment.  The regulation states that nonjudicial punishment may be imposed to correct, educate, and reform offenders who the imposing commander determines cannot benefit from less stringent measures; preserve a soldier’s record of service from unnecessary stigma by record of court-martial conviction; or further military efficiency by disposing of minor offenses in a manner requiring less time and personnel than trial by court-martial. All Article 15 actions, including notification, acknowledgment, imposition, filing determinations, appeal, action on appeal, or any other action taken prior to action being taken on an appeal, except summarized proceedings will be recorded on DA Form 2627 or DA Form 2627-1.  The regulation also states that absent compelling evidence, a properly completed, valid DA Form 2627 or DA Form 2627-1 will not be removed from a soldier’s 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.  Although the applicant contends that he sustained combat wounds in service, there is no evidence of record, and the applicant has provided no evidence, which shows that he was wounded or treated for wounds as a result of hostile action.  Therefore, the applicant is not entitled to correction of his military records to show award of the Purple Heart.

2.  The Board noted the applicant’s request that two Article 15’s be removed from his military records.  However, there is no evidence, and the applicant has provided no evidence, that the Article 15’s were in error or unjust.  Army Regulation 27-10 and Army Regulation 15-185 (Policy and Procedures for Applying to the Army Board for Correction of Military Records) specifically preclude the removal of a valid DA Form 2627 from a soldier’s record, by the Army Board for Correction of Military Records, without compelling evidence.  The Board finds no compelling evidence to support removal of the applicant’s NJP’s; therefore, these two records will not be expunged.

3.  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.

4.  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	AR2000044226	
SUFFIX		
RECON		
DATE BOARDED	20000926	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19680717	
DISCHARGE AUTHORITY	AR 635-200  	
DISCHARGE REASON	Expiration term of service	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.	134.0000	
3.		
4.		
5.		
6.