MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:                          12 October 2000
	DOCKET NUMBER:                  AR2000044364

	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. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. John D. Miller		Chairperson	
	Mr. John E. Denning		Member	
	Ms. Carol J. 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:  Award of the Purple Heart (First Oak Leaf Cluster).

APPLICANT STATES:  That his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show the Purple Heart (First Oak Leaf Cluster).  In support of his application he submits a copy of his DD Form 214 and two copies of award certificates for the Purple Heart and Purple Heart (First Oak Leaf Cluster).

EVIDENCE OF RECORD:  The applicant's military records show he was inducted on 6 June 1967 as an armor intelligence specialist.  He served in Vietnam from 25 October 1967 to 20 October 1968 and was honorably discharged on 5 June 1969.

His discharge document does not show any awards of the Purple Heart.

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 provided copies of two award certificates, which show that he was awarded the Purple Heart for wounds received in action while serving in Vietnam. His award certificates do not show the dates of his wounds.

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, 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 that the applicant failed to provide medical evidence to show that he was wounded twice or treated for wounds as a result of hostile action.

2.  Additionally, there are no orders officially awarding him two awards of the Purple Heart. 

3.  The Board noted that the applicant provided two copies of award certificates
which show that he was awarded two awards of the Purple Heart while serving in Vietnam.  However, the award certificates failed to show the dates of his wounds.

4.  Therefore, the Board has determined that the available evidence is not 
sufficient as a basis for correction of his records to show two awards of the Purple Heart correctly known as the Purple Heart (First Oak Leaf Cluster).

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:

JDM____  JED_____  CJS____  GRANT

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

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

INDEX

CASE ID	AR2000044364	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20001012	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19690605	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  61		
2.		
3.		
4.		
5.		
6.