MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            23 January 2001
	DOCKET NUMBER:    AR2000046104

	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. Luther L. Santiful		Chairperson	
	Mr. Thomas E. O'Shaughnessy		Member	
	Mr. Walter T. Morrison		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 and that he be issued all of the medals to which he is entitled.

APPLICANT STATES: That after a firefight in Vietnam he noticed that a bullet had scratched the calf of his right leg.  A medic treated him and told him he had been awarded the Purple Heart and that he needed to be seen by a doctor. The medic offered to call for a medical evacuation helicopter for him, but he declined, as it was only a scratch.  He was there to walk point and someone else might need the chopper more.  He also states that he has a disease that is causing him to go blind and that research shows that he may have contacted the disease while in Vietnam.  The applicant acknowledges that he has waited some 30 years, but that he is now going blind.  In support of his application, he submits letters from the Department of Veterans Affairs and two eye doctors which state that the applicant is legally blind and that he more likely than not contracted the disease while serving in Asia.

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

He entered active duty on 13 February 1967 and completed training as an 11F (Scout Dog Handler).  He served in Vietnam from 20 April 1969 to 20 November 1969 and was honorably discharged on 23 November 1969.

The applicant’s DD Form 214 (Report of Transfer or Discharge) 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 Combat Infantryman Badge, the Vietnam Campaign Medal, the Vietnam Service Medal, the Expert Badge with rifle bar and the Bronze Star Medal “S”.

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 that he was recommended for or 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.  The Board acknowledges and is sympathetic to the applicant’s poor health that may have been contracted while in service.  It appears the applicant is being properly treated by the Department of Veterans Affairs.  However, the applicant must appreciate that the Purple Heart can only be awarded for wounds (not disease) received as a result of hostile action.

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. The applicant was authorized issuance of his awards.  If he has not yet received them, he should contact the U. S. Army Soldier and Biological Chemical Command, IMMC, Soldier Systems Directorate, 700 Robbins Avenue, PO Box 57997, Philadelphia, PA 19111-7997.

6.  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

___lls ___  ___teo ___  ___wtm_  DENY APPLICATION

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

INDEX

CASE ID	AR2000046104	
SUFFIX		
RECON		
DATE BOARDED	20010123	
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.