MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            8 March 2001      
	DOCKET NUMBER:   AR2000049931

	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:

	Mr. Roger W. Able		Chairperson	
	Ms. Barbara J. Lutz		Member	
	Mr. William D. Powers		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 the Purple Heart.  He also requests a copy of the citation for his Army Commendation Medal.  

APPLICANT STATES:  In effect, that he was wounded in the back in July or August of 1969 in Vietnam by enemy fire.  He contends that he was treated at “LZ Blackhawk” in the highlands and never received his Purple Heart.  In support of his application, he submits two statements from fellow soldiers. 

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

The applicant enlisted on 3 April 1967 for a period of 3 years.  He served as a field artillery crewman in Vietnam from 27 August 1968 to 3 November 1969 and was honorably released on 5 November 1969.

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.  The DD Form 214 does show the Army Commendation Medal as an authorized award.

Item 40 (Wounds) on the applicant’s DA Form 20 is blank.  Item 41 (Awards and Decorations) does not show entitlement to the Purple Heart.  The applicant’s name does not appear on the Vietnam Casualty Roster.

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.

The applicant provided two statements from fellow soldiers.  In the statement dated 17 October 2000, the fellow soldier indicates that during a mortar attack in July 1969 in Vietnam he “saw an individual wounded on the ground beside a ammo truck”.  In an eyewitness statement dated 15 February 2000, the fellow soldier attests that the applicant was wounded by a mortar round in July or August 1969 in Vietnam.  
  
The applicant’s military records contain the General Orders for his award of the Army Commendation Medal; however, there is no citation for this award available to the Board.

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.

Military award regulations in effect during the Vietnam era provided for preparation of a narrative citation for decorations issued during that time.  However, current regulations governing the military awards program do not  provide for preparation of a separate citation to accompany each award.  

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 available to the Board which shows the applicant 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.  

2.  Evidence of record shows the applicant signed his DD Form 214 attesting to the fact he was not entitled to the Purple Heart. 

3.  The Board noted the two statements from the fellow soldiers submitted on behalf of the applicant’s claim for the Purple Heart.  However, these statements made over 30 years after the fact are not sufficient by themselves as a basis for award of the Purple Heart in view of evidence of record which shows the applicant was not wounded.

4.  The Army Board for Correction of Military Records does not issue citations for awards or decorations.  However, since the available records do not contain a copy of the citation for the applicant’s Army Commendation Medal, the Board is unable to provide a copy of this citation to the applicant as requested.

5.  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.

6.  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

RWA____  BJL_____  WDP____  DENY APPLICATION

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

INDEX

CASE ID	AR2000049931	
SUFFIX		
RECON		
DATE BOARDED	20010308	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19691105	
DISCHARGE AUTHORITY	AR 635-200  	
DISCHARGE REASON	Overseas Returnee	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.	100.0000	
3.		
4.		
5.		
6.