MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            27 February 2001
	DOCKET NUMBER:    AR2000049478

	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. Walter Avery, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Roger W. Able		Member	
	Mr. Melvin H. Meyer		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 Purple Heart.

APPLICANT STATES: That he should receive the Purple Heart for an injury he received in Vietnam.  He was in a tank that exploded a mine causing injury to his right knee.  He was told he would get the Purple Heart.

In support of his request, he submits a picture of a destroyed tank that he asserts is the one in which he was injured, and a picture he states is of his former tank commander.
 
EVIDENCE OF RECORD: The applicant's military records show:

He was inducted on 14 May 1969, was trained as an 11E (Armor Crewman), served over 11 months in Vietnam, and was honorably separated to the US Army Reserve on 13 May 1971 in pay grade E-4.  His awards include the Vietnam Service Medal with 3 Bronze Stars, the Vietnam Campaign Medal with 1960 Device, the National Defense Service Medal, the Army Commendation Medal and the Marksman Badge with Rifle Bar.

His separation document (DD Form 214) does not show the Purple Heart as an authorized decoration, and item 40 (wounds) of his Enlisted Qualification Record contains no entry showing that he was wounded in action.

AR 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 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 available records contain no evidence of medical treatment for a wound. His personnel records do not show that he was injured as a result of enemy action and the pictures provided do not establish that he suffered wounds or injuries as a result of hostile action.

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

__jns _ __  ____rwa__  ___mhm  DENY APPLICATION

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

INDEX

CASE ID	AR2000049478	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010227	
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.