MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:             31 October 2000                  
	DOCKET NUMBER:    AR2000045353

	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. Beverly A. Young		Analyst	

  The following members, a quorum, were present:

	Mr. Elzey J. Arledge		Chairperson	
	Ms. Brenda F. Hirschi		Member	
	Mr. Allen L. Raub		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:  Reconsideration of his previous application to correct his records to show award of the Purple Heart.

APPLICANT STATES:  That he never received the Purple Heart after he was wounded in Vietnam.  In support of his application, he submits a copy of a statement from a fellow soldier, a copy of his letter to a United States Senator, a copy of his DD Form 214 (Report of Transfer or Discharge), a copy of his Honorable Discharge Certificate and a copy of his previous DD Form 149 (Application for Correction of Military Record).

NEW EVIDENCE OR INFORMATION:  Incorporated herein by reference are military records which were summarized in a memorandum prepared to reflect the Board's original consideration of his case (Docket Number AC95-11939) on 21 August 1996.

The applicant provided a copy of a letter, dated 30 June 2000, to a United States Senator in which he contends that he was wounded with shrapnel from an enemy grenade while he was an assistant gunner with a five man reconnaissance team in Vietnam.  He states that he was evacuated from the field by a “MEDEVAC” [medical evacuation helicopter] and transported to the Lai Khe aid station.  He also states that while has was at the Lai Khe aid station, it was decided that the shrapnel would not be removed at that time.

The applicant resubmits a statement from a fellow soldier which indicates that the applicant was hit by a piece of shrapnel from an enemy grenade and evacuated by a MEDEVAC from the field.

The applicant’s DD Form 214, which was authenticated in his own hand at the time of his separation from the Service, 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).

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.  Contrary to the applicant’s contention that he was wounded in Vietnam, there is no evidence of record available to the Board which shows that the applicant was wounded or treated for wounds due to hostile action.  Therefore, he is not entitled to award of the Purple Heart.  

2.  The Board noted the statement from the former fellow soldier in support of the applicant's claim for award of the Purple Heart.  However, absent any other corroborating evidence of record and in view of the applicant's own signature authenticating that he received no wounds in action, this statement alone is not sufficient as the basis for award of the Purple Heart.

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.  The overall merits of the case, including the latest submissions and arguments are insufficient as a basis for the Board to reverse its previous decision.

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

EJA_____  BFH ___  ALR_____  DENY APPLICATION

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

INDEX

CASE ID	AR2000045353	
SUFFIX		
RECON		
DATE BOARDED	20001031 	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.