MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:             30 January 2001
	DOCKET NUMBER:    AR2000045726

	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. Walter Avery, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. Thomas E. O'Shaughnessy		Member	
	Ms. Brenda F. Hirschi		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 that he was awarded the Purple Heart.

APPLICANT STATES: That while stationed in Vietnam he was wounded by flying glass.
 
EVIDENCE OF RECORD: The applicant's military records show:

He entered active duty on 19 May 1966 and completed training as a 76T (Aircraft Repair Parts Specialist).  He served in Vietnam from 11 April 1967 to 18 June 1968 and was honorably discharged on 20 July 1969.

The applicant’s Department of Defense  (DD) Form 214 (Discharge Document) which was authenticated in his own hand at the time of his separation, does not show the Purple Heart as an authorized award.

His awards include the National Defense Service Medal, the Vietnam Campaign Ribbon, the Vietnam Service Medal with two bronze service stars, the Armed Forces Expeditionary Medal, the Expert Badge with rifle bar and the Sharpshooter Badge with automatic rifle bar.

On 4 July 1967 entry was made in the applicant’s medical record, which indicates he was treated for lacerations caused by flying glass.  The entry does not state that the injury was combat related. 

There are no orders in the applicant’s service personnel records, which show that he was awarded the Purple Heart.  

The applicant’s 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 (Military Awards) 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, and the applicant has provided no evidence, which shows he should be awarded the Purple Heart or that he was wounded or treated for wounds as a result of hostile action.  Neither is there evidence that his unit or a hospital commander recommended him for the Purple Heart.

2.  The applicant severely hindered his claim by waiting over 30 years to request award of the Purple Heart.  The unknown whereabouts and/or the passing of his former leaders and eyewitnesses, prevents the verification of the applicant’s scenario of events.  Therefore, his request must be denied.
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.  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

____aao _  ____teo __  ___bfh _  DENY APPLICATION

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

INDEX

CASE ID	AR2000045726	
SUFFIX		
RECON		
DATE BOARDED	20010130	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION		
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.