MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           19 December 2000                   
	DOCKET NUMBER:   AR2000045603

	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. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. James P. Huber 		Chairperson	
	Mr. Raymond J. Wagner 		Member	
	Mr. Kenneth L. Wright 		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.  

APPLICANT STATES:  That he was wounded on 4 December 1965 by a combined Viet Cong attack on his sleeping quarters and received medical treatment at the Navy hospital in Saigon.

The applicant submits a statement from a retired warrant officer who says that he and the applicant were both wounded in action on 4 December 1965 during an attack by the Viet Cong, and that he observed the applicant being treated inasmuch as the applicant’s wounds were worse than his own.  He states that he (the retired warrant officer) received the Purple Heart on 7 December 1965.
Information obtained from the Total Army Personnel Command Awards Branch indicated that individual was listed as a casualty on the Vietnam casualty roster maintained by that agency. 

The applicant also submits a copy of a newspaper article concerning a terrorist incident at the Metropole [Hotel). 

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

Incorporated herein by reference are military records which were summarized in a memorandum prepared to reflect the Board's decision on his request for award of a Bronze Star Medal and a Soldier’s Medal (AC98-09724).

The applicant’s DD Form 214 of 21 November 1968 shows that he was discharged at Fort Lee, Virginia in the grade of E-6.  That form does not show award of the Purple Heart.

Army Regulation 600-8-22 provides 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.

Information from the Total Army Personnel Command Awards Branch indicated that there was no record of the applicant being listed as a casualty on the Vietnam casualty roster maintained by that agency.

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.  Notwithstanding the information provided by the applicant, he has not provided any medical evidence to show that he was wounded in action.  The Board notes that he made no plea for the Purple Heart in his application to the Board requesting award of the Bronze Star Medal and the Soldier’s Medal.

2.  The applicant has submitted neither probative evidence nor a convincing argument in support of his request.   

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 that requirement.

4.  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

___jph___  ___klw__  ___rjw___  DENY APPLICATION

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

INDEX

CASE ID	AR2000045603	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20001219	
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.  61	107.00	
2.		
3.		
4.		
5.		
6.