MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           14 November 2000  
	DOCKET NUMBER:   AR2000044637

	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:

	Ms. Shirley Powell		Chairperson	
	Ms. Meta Waller		Member	
	Mr. Terry L. Placek		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:  In effect, award of the Purple Heart.    

APPLICANT STATES:  In effect, that his right eye was injured during a counter offensive in Vietnam.  He contends that he sustained a “flash burn” to his eye and now has 20-30 vision.  He also contends that nothing was ever said because his military occupational specialty was 76P (stock control & accounting specialist) and he was not in the field.  In support of his application, he submits a copy of his DD Form 214 (Report of Transfer or Discharge), a copy of his DA Form 20 (Enlisted Qualification Record) and three medical records dated 1999.    

COUNSEL CONTENDS:  The Disabled American Veterans, as counsel for the applicant, was notified of the applicant’s pending review by the Board; however, no brief was submitted by that agency. 

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

The applicant enlisted on 15 December 1966 for a period of 3 years.  He served as a supply specialist in Vietnam from 29 May 1967 through 28 May 1969 and was honorably released on 12 December 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 is no evidence in the applicant’s personnel records that he was awarded the Purple Heart or was wounded as a result of hostile action.  Item 40 (Wounds) of the applicant’s DA Form 20 is blank.  Item 41 (Awards and Decorations) of the DA Form 20 does not show entitlement to the Purple Heart.    

The applicant provided three medical records, one record dated 1996 and two records dated 1999, which show the applicant has a history of a “FLASH LIGHT BURN” to his eye in 1967.  There is no evidence of record which shows this injury is the result of hostile action in Vietnam.

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 his right eye was injured during a counter offensive in Vietnam.  However, there is no evidence of record available to the Board which shows he was wounded or treated for wounds sustained by hostile action in Vietnam. 

2.  Evidence of record shows 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 he was not wounded or otherwise entitled to the Purple Heart.  Therefore, the applicant is not entitled to 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

SP_____  MW_____  TLP_____  DENY APPLICATION

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

INDEX

CASE ID	AR2000044637	
SUFFIX		
RECON		
DATE BOARDED	20001114	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19691212	
DISCHARGE AUTHORITY	  	
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.