MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           7 December 2000
	DOCKET NUMBER:   AR2000045642

	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. Raymond V. O’Connor		Chairperson	
	Mr. John P. Infante		Member	
	Mr. Ernest W. Lutz		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 he be awarded the Purple Heart.

APPLICANT STATES:  That he was wounded while on operations in the Qui Tri Province of Vietnam.  In support of his application he submits a letter from the Veterans Administration indicating his disability compensation, a letter from 
Dr. James R. Jeter, MD dated 13 May 1980, indicating he removed shrapnel from the applicant’s foot on 31 March 1978, a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer Or Discharge), and a copy of his honorable discharge certificate.

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

The applicant entered the Army on 7 January 1969 as a track mechanic.  His awards include the Bronze Star Medal, the Army Commendation Medal, the National Defense Service Medal, the Combat Infantryman Badge, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation Badge.  He was honorably discharged on 5 October 1971 in the pay grade of E-5.  

Neither his DD Form 214, nor his DA Form 20 (Enlisted Qualification Record) reflect entitlement to the Purple Heart and item 40 (Wounds) is blank.

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.  There is no evidence of record that shows the applicant was awarded or recommended for the award of the Purple Heart.

2.  The applicant did not provide substantiating evidence that he was wounded as a result of hostile action, that his wounds required medical treatment by a medical officer, and that the medical treatment was made a matter of official record.

3.  The evidence submitted by the applicant upon review by this Board was determined to be insufficient for correction of his records to show he was awarded the Purple Heart.

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

__RVO__  __JPI___  __EWL___  DENY APPLICATION

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

INDEX

CASE ID	AR2000045642	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20001207	
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.	107.00	
2.		
3.		
4.		
5.		
6.