MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           27 February 2001  
	DOCKET NUMBER:   AR2000048134

	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:

	Mr. John N. Slone		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. Roger W. Able		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:  Correction of his DD Form 214 (Report of Transfer or Discharge) to show the Purple Heart.  

APPLICANT STATES:  In effect, that he was evacuated from Vietnam because of an injury to his left hand as a result of combat conditions.  He contends that his left hand was operated on in Vietnam and later in Japan.  From Japan he was transferred to Fort Devens Army Hospital in the United States.

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

The applicant was inducted on 20 July 1966.  He served as a light vehicle driver in Vietnam from 18 July 1967 through 8 July 1968 and was honorably released on 19 August 1968.   

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

There is no evidence in the applicant’s personnel records that he was awarded the Purple Heart or was wounded as a result of hostile action.  Item 40 (Wounds) of the applicant’s DA Form 20 is blank.  Item 41 (Awards and Decorations) of the DA Form 20 does not show entitlement to the Purple Heart.  The applicant’s name does not appear on the Vietnam Casualty Roster.    
 
Item 38 (Record of Assignments) on the applicant’s DA Form 20 shows that he was hospitalized on 8 July 1968 at the Medical Holding Detachment of the
106th General Hospital.  His DA Form 20 also shows that he was transferred on 25 July 1968 to the Medical Holding Detachment at the U.S. Army Hospital at Fort Devens, Massachusetts, for further medical treatment and hospitalization. 

Evidence of record shows that on 13 August 1968 the applicant underwent a separation physical examination which makes no mention of any wounds sustained as a result of hostile action.  The medical examination does show that the applicant was hospitalized for septic arthritis (left hand, middle finger).  There is no evidence of record which shows this medical condition was the result of hostile action in Vietnam.  

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 considered the applicant’s contention that his left hand was injured as a result of combat conditions in Vietnam.  However, there is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he was wounded or treated for wounds as a result of hostile action in Vietnam. 

2.  Medical evidence of record shows the applicant was hospitalized for septic arthritis (left hand, middle finger), not as a result of hostile action.  Therefore, the applicant is not entitled to correction of his DD Form 214 to show 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 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

JNS____  MHM____  RWA____  DENY APPLICATION

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

INDEX

CASE ID	AR2000048134	
SUFFIX		
RECON		
DATE BOARDED	20010227	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19680819	
DISCHARGE AUTHORITY	AR 635-200 Chapter 2	
DISCHARGE REASON	Expiration term of service	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.