MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            11 January 2001
	DOCKET NUMBER:   AR2000046262

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Ernest M. Willcher		Chairperson	
	Ms. Ann M. Campbell		Member	
	Mr. Donald P. Hupman, Jr.		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:  In effect, that he was wounded in Vietnam in the left hip area, was transferred to a hospital in Fort Lewis, Washington in 1970 and that he was never awarded the Purple Heart.

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

He was inducted in Louisville, Kentucky on 7 February 1969.  He successfully completed his training and was transferred to Vietnam on 3 August 1969 for duty as an ammo handler.  He remained in Vietnam until 6 September 1970 when he was transferred to the Separation and Transfer Point at Fort Lewis, Washington for the purpose of separation.

While undergoing his separation physical examination it was determined that he had a left inguinal abcess and suffered from tonsillitis.  He was hospitalized at Madigan General Hospital in Tacoma, Washington where he received treatment and was deemed medically fit for separation.

He was honorably released from active duty on 28 September 1970 under the overseas returnee program and was transferred to the United States Army Reserve (USAR) Control Group (Annual Training).  He had served 1 year, 7 months and 22 days of total active service and was awarded the Bronze Star Medal and Army Commendation for meritorious service, the Vietnam Service Medal and the Republic of Vietnam Campaign Medal.

A review of his records failed to show that he was ever wounded or treated for any such wounds either during or subsequent to his service in Vietnam.

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 a result of hostile action, that the wound must have required treatment by a medical officer, and that the medical treatment was 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.  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.

2.  The evidence of record fails to show that the applicant was wounded/injured as a result of enemy action; therefore, there is no basis for the Board to award him the Purple Heart.

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

__dph___  ___ew___  ___amc _  DENY APPLICATION

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

INDEX

CASE ID	AR2000046262	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/01/11	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  61	107.0015/PH	
2.		
3.		
4.		
5.		
6.