MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            27 March 2001
	DOCKET NUMBER:   AR2000050024

	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. Joseph A. Adriance		Analyst	

The following members, a quorum, were present:

	Mr. Roger W. Able		Chairperson	
	Mr. Allen L. Raub		Member	
	Ms. Gail J. Wire		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:  In effect, that he be awarded the Purple Heart (PH).

APPLICANT STATES:  In effect, that he should be entitled to the PH based on injuries he sustained in Vietnam during combat.  He claims to have been injured in 1969 and indicates that his military records should confirm this. 

COUNSEL CONTENDS:  In effect, invites attention to the applicant’s claim of injustice and indicates that the application and accompanying military records sufficiently reflect the facts needed for a fair and equitable review by the Board. 

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

On 30 September 1967, he enlisted in the Regular Army (RA) for his initial active duty period of service and served for three years until being honorably released from active duty (REFRAD), in the rank of specialist five (SP5), on 30 September 1970.  During this first term of service he served in military occupational specialty 11E (Armor Crewman) and completed 18 months of service in Vietnam. 

The Department of Defense (DD) Form 214 (Armed Forces of the United States Report of Transfer or Discharge) issued to him 30 September 1970, the date of his REFRAD from his first period of service, confirms that during his tenure on active duty he earned the National Defense Service Medal, Vietnam Campaign Medal, Vietnam Service Medal, and two Army Commendation Medals.  However, the document makes no reference to his having been awarded the PH based on being wounded or injured in action.  He authenticated this document with his signature on the date of his separation, thereby, verifying the data contained therein. 

On 30 April 1971, the applicant reentered the Regular Army and served on active duty continuously until he was REFRAD for length of service retirement on 
30 April 1988.  On the date of his separation he had completed a total of 
20 years and 1 day of active military service and on the following day he was placed on the Retired List in the rank of staff sergeant (SSG).

A Department of the Army (DA) Form 20 (Enlisted Qualification Record) on file, in the applicant’s Official Military Personnel File (OMPF), which he verified on 
17 May 1971, contains no entry in block 40 (wounds) and has no reference to the PH in block 41 (awards and decorations).  In addition, a report of examination (SF 88) on file, which documents his final separation medical examination, has no reference to his ever having been injured or wounded in action during his military service.  Further, the DD Form 214 issued to him upon his REFRAD for retirement contains no reference to his having earned the PH during his active duty tenure.

Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual military awards.  Paragraph 2-8 contains the regulatory guidance pertaining to awarding the PH.  It states, in pertinent part, that the PH is awarded to any member wounded or killed while engaged in action against an armed enemy or hostile force.  

Paragraph 9-8b (2) defines a wound as an injury to any part of the body from an outside force or agent while engaged in action against the enemy.  It also specifically states that in order to support awarding a member the PH, it is necessary to establish that the wound, for which the award is being made, required treatment by a medical officer.  This treatment must be supported by records of medical treatment for the wound or injury received in action, and 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.  Notwithstanding the contention of the applicant, after carefully examining the available evidence of record and the independent evidence submitted by him, the Board finds an insufficient evidentiary basis on which to support awarding the PH.  

2.  While the Board wishes to commend the applicant on his exemplary service during the Vietnam Conflict, it is compelled to deny the requested relief.  The available evidence contains no information to support his claim of entitlement to the PH and there are no medical records available that verify that he was treated for a wound or injury received in action by a medical officer or that this treatment was made a matter of official record. 

3.  Further, the evidence of record suggests that the applicant never raised the PH issue at the time of his separation in 1970, when he was issued and signed DD Form 214 that did not list the PH as an earned award, or at any other time while he was still on active duty prior to his retirement in 1988. 

4.  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.

5.  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

___alr___  ___gw___  ___ra ___  DENY APPLICATION

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

INDEX

CASE ID	AR2000050024	
SUFFIX		
RECON		
DATE BOARDED	2001/03/27	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1988/04/30	
DISCHARGE AUTHORITY	AR 635-200 C12	
DISCHARGE REASON	Retirement	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  61	107.0015	
2.		
3.		
4.		
5.		
6.