MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            12 December 2000
	DOCKET NUMBER:   AR2000045486

	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	
	Mr. William Blakely		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Ms. Lana E. McGlynn		Member	
	Mr. Harry B. Oberg		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:  That his military records be corrected to show he was awarded the Purple Heart.

APPLICANT STATES:  That he should be awarded the Purple Heart due to an injury to his spine.  In support of his application he submits a radiology report from the Long Beach Veterans Administration Medical Center and a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

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

The applicant was inducted in the Army on 14 April 1970 as an armor crewman.  His awards include the Army Commendation Medal, the National Defense Service Medal, the Republic of Vietnam Campaign Medal with 60 Device, the Vietnam Service Medal with 1 Bronze Service Star, and the Combat Infantryman Badge.  He served in Vietnam from 18 September 1970 to 30 August 1971.  He was honorably released from active duty on 13 December 1971 in the pay grade of E-3.

The applicant’s DD Form 214 does not show the Purple Heart.  His DA Form 20 (Enlisted Qualification Record) does not reflect entitlement to the Purple Heart or that he was wounded.

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.  Based on the available records, there is no evidence to show that the applicant suffered any wounds in Vietnam that would entitle him to the Purple Heart.

2.  His contention that he should receive the Purple Heart due to an injury to his spine has been noted by the Board; however, the evidence submitted by the applicant does not substantiate he was wounded as a result of hostile action against an enemy of the United States, that he was treated by a medical officer for a wound received in action, and that the medical treatment was a matter of official record. 

3.  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 __  __LEM___  __HBO     DENY APPLICATION

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

INDEX

CASE ID	AR200045486	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20001212	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.