MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            2 November 2000                  
	DOCKET NUMBER:   AR2000045380

	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. Fred N. Eichorn		Chairperson	
	Mr. Ted S. Kanamine		Member	
	Mr. William D. Barr		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:  As the widow of a deceased former service member (FSM), correction of her husband’s military records to show award of the Purple Heart.

APPLICANT STATES:  That the FSM never received award of the Purple Heart.  In support of her application, she submits a copy of an operative report, dated 15 July 1999.

COUNSEL CONTENDS:  The American Legion, as counsel for the applicant, noted the operative report, dated 15 July 1999, submitted in support of the applicant’s application.  Counsel noted that in this report, which was related to the applicant prior to the FSM’s death, the FSM stated that he had been wounded in the chest while serving in Vietnam.  Counsel stated that the FSM’s medical records were not available in the service records.

EVIDENCE OF RECORD:  The FSM’s military records show:

The FSM enlisted in the Regular Army on 31 December 1962.  He completed training as a cook and served in Vietnam from 25 August 1965 through 16 August 1966 and 16 November 1970 through 20 September 1971.  The FSM was honorably discharged from active duty on 22 September 1971. 

The FSM’s service personnel records contain three DD Forms 214.  These discharge documents, which are authenticated in his own hand, do not show the Purple Heart as an authorized award.

There is no evidence in the FSM’s service personnel records which shows that he was awarded the Purple Heart or was wounded as a result of hostile action.  

The applicant provided a copy of an operative report, dated 15 July 1999, which states that the FSM “had served two or three terms in Vietnam and had shrapnel in his left chest from a hand grenade wound”.  There are no medical records in the FSM’s personnel records which show he was treated for wounds due to hostile action.

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 the applicant’s contention that the FSM was never awarded the Purple Heart for a wound he sustained in Vietnam.  The Board also noted the operative report provided by the applicant.  However, there is no evidence of record which shows that the FSM was wounded or treated for wounds due to hostile action in Vietnam.

2.  The FSM signed his discharge document attesting to the fact that he was not entitled to award of the Purple Heart.

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

FNE____  TSK____  WDB_____  DENY APPLICATION

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

INDEX

CASE ID	AR2000045380	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20001102	
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.