MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  1 March 2001
	DOCKET NUMBER:  AR2000048930

	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. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Mr. John H. Kern		Chairperson	
	Mr. Curtis L. Greenway		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:  That her husband, a deceased former service member, be awarded the Purple Heart.

APPLICANT STATES:  That her husband was injured twice (October and November 1968) and he was treated for his injuries.  He had tried for many years before his death to obtain the award.  She submits copies of her husband’s previous letters in support of her application.

EVIDENCE OF RECORD:  The deceased former service member’s military medical records were not available for review by the Board.  His other available military records show:

He served in Vietnam from 14 February 1966 through 1 April 1967 as an aviation maintenance chief and aviation platoon sergeant.  His DA Form 20 (Qualification Record) shows that he was assigned as a patient in Japan from 1 September to 14 October 1966.  Block 40 (wounds) of the DA Form 20 is blank.

The deceased former service member reenlisted on 23 March 1967 while still in Vietnam.  His DD Form 214 for the period 23 March 1964 through 22 March 1967 does not list the Purple Heart as an authorized award and block 27 (wounds) states “None.”  He authenticated his DD Form 214 with his signature.

He served in Vietnam again from 30 January 1968 through 25 January 1969 as an aircraft repair inspector.  His DA Form 20 for this period of service shows no transfers to a hospital and block 40 is blank.  He authenticated the information on his DA Form 20 with his signature on 6 November 1972.  The deceased former service member’s DD Form 214 for the period 24 September 1969 through 25 June 1975 does not list the Purple Heart as an authorized award.

Effective 31 October 1978 he was separated from active duty with over 23 years active Federal service and transferred to the Retired Reserve in the pay grade of E-8.  His final DD Form 214 for the period 26 June 1975 through 31 October 1978 does not list the Purple Heart as an authorized award.

In February and September 1994, letters from the deceased former service member to other agencies stated that he had injured in his knee on an iron stake in October 1968 when he was jumping into a bunker during a rocket attack.  He was treated at the division hospital and received eight stitches but no Purple Heart.  In November 1968 he re-injured the same knee during another rocket attack.  He was treated again at the division hospital but not awarded the Purple Heart.

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 the result of hostile action, the wound must have required treatment by a medical officer, 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 deceased former service member’s available records fail to show that he was wounded as a result of enemy action and entitled to an 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

__jk____  ___cg___  ___rd____  DENY APPLICATION

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

INDEX

CASE ID	AR2000048930	
SUFFIX		
RECON		
DATE BOARDED	20010301	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.