MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  19 April 2001
	DOCKET NUMBER:  AR2000049890

	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. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Mr. Curtis L. Greenway		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 that he was awarded the Purple Heart.

APPLICANT STATES:  That the Purple Heart was omitted from his DD Form 214.  In support of his application he submits a copy of his DD Form 214 and 
a copy of VA Form 21-4138 (Statement in Support of Claim).

COUNSEL CONTENDS:  The Disabled American Veterans, as counsel for 
the applicant, contends that the applicant served in the Republic of Vietnam
for 10 months and 21 days, and was awarded the Air Medal, the Combat Infantryman Badge, and the Bronze Star Medal.  Counsel also contends that
documents are shown from the Department of Veterans Affairs noting the 
search for treatment reports for a shrapnel wound to the left leg in August 1971.  Counsel further contends that the applicant’s medical records are not available 
for review and that a decision be postponed until receipt of the applicant’s records so an informed decision can be made, giving the applicant a just and correct determination.  Counsel requests the Board’s careful and sympathetic 
consideration of all the evidence of record be used in rendering a fair and impartial decision.

EVIDENCE OF RECORD:  The applicant's military records show he was inducted on 4 August 1970.  He served in Vietnam from 24 January 1971 to 14 December 1971 and was honorably discharged on 15 February 1972.

The applicant’s DD Form 214 shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal with two bronze service stars, the Combat Infantryman Badge, the Air Medal, the Bronze Star Medal, the Expert Qualification Badge with Grenade Bar, the Republic of Vietnam Campaign Medal and the Sharpshooter Qualification Badge (Rifle M-16).  His discharge document does not show the Purple Heart as an authorized award.

There are no orders in the applicant’s service personnel records which show that he was awarded the Purple Heart.  There also is no evidence in his records that he was wounded or treated for wounds as a result of hostile action.  His DA Form 20 (Enlisted Qualification Record) does not show any entry in item 40 (Wounds) or list the Purple Heart in item 41 (Awards and Decorations).

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, 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.  There is no evidence of record, and the applicant and counsel have provided no evidence, which shows that he was awarded the Purple Heart or that he was wounded or treated for wounds as a result of hostile action.  Therefore, the applicant is not entitled to 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

___js___  ___be___  ___cg___  DENY APPLICATION

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

INDEX

CASE ID	AR2000049890	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010419	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19720215	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  61		
2.  		
3.		
4.		
5.		
6.