MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           8 March 2001                  
	DOCKET NUMBER:   AR2000047313

	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. W. E. Schnupp		Analyst	

  The following members, a quorum, were present:

	Mr. Roger W. Able		Chairperson	
	Mr. William D Powers		Member	
	Ms. Barbara J. 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 1st Oak Leaf Cluster to his Purple Heart.

APPLICANT STATES:  That while serving in Vietnam he received two Purple Hearts but his DD Form 214, Report of Separation, shows only one.  He contends that he received the first Purple Heart in September 1968 for shrapnel to the chest and the second in May 1969 for a rifle shot to the leg.

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

He enlisted in the Regular Army on 16 October 1967 and served in Vietnam from July 1968 to July 1969.  He was honorably separated upon completion of his term of service on 11 December 1970 in the grade of specialist four.

His awards include the Purple Heart, National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, Bronze Star Medal, Parachute Badge and the Combat Infantryman Badge.

12th Evacuation Hospital, General Orders 223, awarded the applicant the Purple Heart for wounds received on 21 September 1968.  His Enlisted Qualification Record reflects this award of the Purple Heart in Block 40 (wounds) and in block 41 (awards and decorations).

A Report of Medical Examination completed in conjunction with his separation from the service on 20 October 1970 contains no reference by the applicant or the examining physician to any wounds or injuries received during the term of his service.

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 applicant has provided no evidence and neither his personnel records or the available medical records contain any evidence showing that he is entitled to a second award of the Purple Heart.

2.  In the absence of such evidence, there are no grounds for this Board to award the Purple Heart.

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 satisfies 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

___rwa __  ___wdp__  ___bjl___  DENY APPLICATION

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

INDEX

CASE ID	AR2000047313	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010308	
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.