MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           14 December 2000  
	DOCKET NUMBER:   AR2000046523

	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	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Ms. June Hajjar		Chairperson	
	Mr. Hubert O. Fry		Member	
	Mr. Richard T. Dunbar		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:  In effect, award of the Purple Heart.  He also requests that item 40 (Wounds) on his DA Form 20 (Enlisted Qualification Record) be corrected to show that he was wounded on 7 March 1970 in Vietnam.   
APPLICANT STATES:  In effect, that he sustained an injury above his right eye on 7 March 1970 in Vietnam.  He contends that he was treated at an aid station and went back to duty that night.  In support of his application, he submits a copy of an application for correction of military records dated 5 December 1998; and a letter, dated 10 May 1999, from the Review Boards Agency in St. Louis, Missouri.

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

The applicant enlisted on 19 February 1968 for a period of 3 years.  He served as a wireman in Vietnam from 9 February 1969 through 21 September 1970 and was honorably released on 22 September 1970.

The applicant’s DD Form 214, which was authenticated in his own hand, does not show the Purple Heart as an authorized award.

Item 40 (Wounds) on the applicant’s DA Form 20 is blank.

There are no orders in the applicant’s service personnel records which show that he was awarded the Purple Heart.  There also is no evidence in his records that he was wounded or treated for wounds as a result of hostile action.  His DA Form 20 does not list the Purple Heart in item 41 (Awards and Decorations).
  
Army Regulation 600-8-22 (Military Awards) 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.  The Board noted the applicant’s contention that he was wounded on 7 March 1970 in Vietnam.  However, there is no evidence of record, and the applicant has provided no evidence, which shows that he was wounded or treated for wounds as a result of hostile action on 7 March 1970.  Therefore, the applicant is not entitled to correction of his military records to show award of the Purple Heart.

2.  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.

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

JH_____  HOF_____  RTD_____  DENY APPLICATION

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

INDEX

CASE ID	AR2000046523	
SUFFIX		
RECON		
DATE BOARDED	20001214	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19700922	
DISCHARGE AUTHORITY	AR 635-200 Chapter 5	
DISCHARGE REASON	Early separation of overseas returnees	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.