MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           13 February 2001   
	DOCKET NUMBER:   AR2000049259

	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	
	Ms. Shirley Powell		Member	
	Mr. Harry B. Oberg		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:  Award of the Purple Heart.  

APPLICANT STATES:  That he was injured while riding on the top of an armored personnel carrier (APC) on a convoy in Vietnam.  He contends that another APC rammed them from behind, that he was thrown from the APC he was riding in and that he sustained a skull fracture.  In support of his application, he submits a copy of DA Form 3349 (Medical Condition - Physical Profile Record) dated 
20 October 1969.

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

The applicant was inducted on 22 January 1969.  He served as an armor intelligence specialist in Vietnam from 11 July 1969 until he was seriously injured on 18 August 1969 and was evacuated for medical treatment on 29 August 1969. The applicant was honorably released on 21 January 1971.  

The applicant’s DD Form 214 (Report of Transfer or Discharge), 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 (Enlisted Qualification Record) is blank.  Item 41 (Awards and Decorations) on the DA Form 20 does not show entitlement to the Purple Heart.

There is no evidence in the applicant’s personnel service records which shows that he was awarded the Purple Heart or was wounded as a result of hostile action in Vietnam.

The applicant’s military records contain a Western Union Telegram, dated
22 August 1969, which states that the applicant was injured in Vietnam on 
18 August 1969.  The telegram states that the applicant was a passenger on a military vehicle on a military mission when the vehicle went out of control and the applicant accidentally fell off.  As a result of this accident, the applicant received a cerebral concussion and an occipital fracture and was placed on the seriously ill list. 

The applicant provided a copy of DA Form 3349, dated 20 October 1969, which shows he was issued a temporary 3 Physical Profile under physical capacity or stamina due to a skull fracture.

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.  Evidence of record shows the applicant was accidentally injured on 18 August 1969 in Vietnam, not as a result of hostile action.

2.  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.  Therefore, the applicant is not entitled to correction of his military records to show award of 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

JH______ SP______  HBO____  DENY APPLICATION

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

INDEX

CASE ID	AR2000049259	
SUFFIX		
RECON		
DATE BOARDED	20010213	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19710121	
DISCHARGE AUTHORITY	AR 635-200  	
DISCHARGE REASON	Expiration term of service	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.