MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           3 April 2001                   
	DOCKET NUMBER:   AR2000050309

	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	
	Mrs. Joyce A. Hall		Analyst	

  The following members, a quorum, were present:

	Mr. Walter T. Morrison		Chairperson	
	Mr. Thomas F. Baxter		Member	
	Mr. John T. Meixell		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, award of four Purple Heart (PH) Medals.

APPLICANT STATES:  In effect, that he was wounded four times while stationed in the Republic of Vietnam (RVN) and he did not receive his medals.  In support of his application, the applicant submits copies of Chronological Record of Medical Care (Standard Form 600).

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

On 6 March 1967, with parental consent the applicant enlisted in the Army for 
3 years.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 76P40 (Stock Specialist). 

The applicant’s Enlisted Personnel Qualification Record (DA Form 20) shows that he served in the RVN in January 1968. 

The medical documents furnished by the applicant show that in April, May and August 1968, he was treated on 4 separate occasions for an injury or possible injuries.  However, the applicant’s medical records are not available, to the Board.

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

The applicant’s military record shows that he departed RVN in June 1969 and was transferred to Fort Hood, Texas.  His record also shows that he was honorably discharged on 20 August 1969 and immediately reenlisted on
21 August 1969, for 4 years.

The applicant’s record shows that between 1 December 1969 and 29 September 1970, the applicant accepted four nonjudicial punishments, under Article 
15, Uniform Code of Military Justice for two occasions of being absent without leave (AWOL), for speeding and for failure to repair.  His imposed punishments were forfeitures, extra duty, restrictions and reductions.  

His record also shows that court martial charges were preferred against him for 
two specifications of being AWOL from 11 January 1971 to 4 March 1971 and from 6 March 1971 to 5 August 1971.

On 22 September 1971, the applicant was discharged in pay grade E-4 under Army Regulation 635-200, chapter 10.  He completed 1 year, 5 months and 
7 days of creditable active service on this enlistment and had 238 days of lost time.

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.  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.

2.  The evidence submitted by the applicant shows that he was treated on several occasions; however it does not indicate how his injury(s) occurred or that the injury(s) was a result of hostile action.

3.  While the applicant contends that he was wounded on four separate occasions, the evidence available to the Board and the evidence supplied by the applicant do not substantiate his contentions.  Therefore he does not meet the criteria for the PH.

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

__wtm___  __tfb___  __jtm___  DENY APPLICATION

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

INDEX

CASE ID	AR2000050309	
SUFFIX		
RECON		
DATE BOARDED	20010403	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.