MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  6 March 2001
	DOCKET NUMBER:  AR2000049364

	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. Stanley Kelley		Chairperson	
	Mr. Ernest W. Lutz		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:  That the Purple Heart be added to his DD Form 214(Report of Transfer or Discharge).

APPLICANT STATES:  That he was awarded the Purple Heart for a gunshot wound in May 1970 but he did not receive the medal.  He submits copies of the award order and the order that revokes the award in support of his application.

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

He was inducted and entered active duty on 7 May 1969.  He was trained as an armor reconnaissance specialist and assigned to Vietnam.  He was promoted to the pay grade of E-4 effective 5 February 1970.

Effective 6 May 1971 he was separated from active duty and transferred to the Army Reserve.  His DD Form 214 does not show the Purple Heart as an authorized award.  His DA Form 20 (Qualification Record), in block 38 (assignments), shows that he was assigned to a hospital unit on 21 August 1970 as a patient.  Block 40 (wounds) reads FW (fragmentation wound) (L) (left) hand, face, 23 May 70.  Block 41 (awards) does not list the Purple Heart.  

General Orders Number 219, issued by the 95th Evacuation Hospital on 18 August 1970 awards the applicant the Purple Heart for wounds received in action on 17 August 1970.  General Orders Number 222, issued by the same unit on 21 August 1970, revoke his award of the Purple Heart.

The only medical record available is his separation medical examination.  It does not report any period of hospitalization or residuals of wounds as a result of enemy action.  In his own hand the applicant stated “I’m in fair health except for hearing lost.”

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 applicant’s available medical and personnel records fail to show that he was wounded as a result of enemy action and entitled to an award of the Purple Heart.  The only award order for the Purple Heart was revoked 3 days later.

2.  Although there is some evidence that the applicant was a hospital patient in August 1970 and he may have suffered a fragmentation wound on 23 May 1970, these conflicting annotations are an insufficient basis to show that he was wounded as a result of enemy action.

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

__sk___  ____el____  __ho____  DENY APPLICATION

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

INDEX

CASE ID	AR2000049364	
SUFFIX		
RECON		
DATE BOARDED	20010306	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.