MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            22 March 2001                  
	DOCKET NUMBER:   AR2000052793

	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:

	Ms. Shirley Powell 		Chairperson	
	Mr. John P. Infante 		Member	
	Ms. Regan K. Smith 		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:  Award of the Purple Heart. 

APPLICANT STATES:  That he is entitled to the Purple Heart because he was wounded in January 1969 by shrapnel from an enemy round in Vietnam and was evacuated to the rear.  In support of his application, he submits a VA Rating Decision dated 24 July 1970; VA documentation dated 5 August 1970; a statement, dated 7 July 1970, from a first sergeant; an eyewitness statement, dated 7 July 1970, from a motor sergeant; a VA Clinical Record dated 
19 December 1969; and a copy of his DD Form 214 (Report of Transfer or Discharge). 

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

The applicant was inducted on 29 September 1967.  He served as a field artillery crewman in Vietnam from 8 April 1968 through 7 April 1969 and was honorably released on 26 September 1969.

The applicant’s DD Form 214, which was authenticated in his own hand, does not show the Purple Heart as an authorized award.

There is no evidence in the applicant’s service personnel records that he was awarded the Purple Heart or was wounded as a result of hostile action.

His DA Form 20 (Enlisted Qualification Record) does not reflect entitlement to the Purple Heart and item 40 (Wounds) on his DA Form 20 is blank.  The applicant’s name does not appear on the Vietnam Casualty Roster.     

Evidence of record shows that on 22 August 1969 the applicant underwent a separation physical examination which makes no mention of any wounds sustained as a result of hostile action.

The applicant provided a VA Clinical Record, dated 19 December 1969, which indicates there are no medical records on the applicant.  This Clinical Record also states “The patient states that he sustained shrapnel wounds of his left arm and forearm while in combat in South Vietnam.  This was in December 1968”.     
 
The applicant provided a letter, dated 7 July 1970, from a first sergeant in Bravo Battery, 2nd Battalion, 94th Artillery, wherein the first sergeant states that he received a request for the applicant’s medical records from the VA.  The applicant’s medical records could not be found so the first sergeant located a staff sergeant in the battery who was with the unit at the time of the applicant’s evacuation and asked him to make a statement.

The applicant provided an eyewitness statement, dated 7 July 1970, from a motor sergeant in Bravo Battery, 2nd Battalion, 94th Artillery, attesting that the applicant was wounded on his left side by an enemy round in January 1969 in Vietnam.  

The applicant provided a VA Rating Decision, dated 24 July 1970, which states “Since we now have a statement from a comrade showing that this veteran was wounded in service, and the scars found on the VA examination so soon after discharge, service connection is granted for residuals of shrapnel wounds of the left upper arm and left forearm”.  VA documentation, dated 5 August 1970, shows service connection for residuals, shrapnel wounds, left upper arm and left forearm.  

Medical evidence of record, dated 29 September 1967, shows that a scar on the applicant’s left forearm was noted during his induction examination.

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.
 
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 Board noted the applicant’s contention that he was wounded in January 1969 by shrapnel from an enemy round in Vietnam and was evacuated to the rear.  The Board also noted the eyewitness statement provided in support of his claim.  However, there is no evidence of record available to the Board which shows that the applicant was injured or treated for wounds as a result of hostile action in Vietnam.

2.  The Board considered the VA documentation which shows service connection was granted for residuals of shrapnel wounds of left upper arm and left forearm.  However, medical evidence of record, dated 29 September 1967, shows that a scar on the applicant’s left forearm was noted during his induction examination.  

3.  Based on the foregoing, the applicant is not entitled to award of the Purple Heart. 

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

SP_____  JPI_____  RKS_____  DENY APPLICATION

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

INDEX

CASE ID	AR2000052793	
SUFFIX		
RECON		
DATE BOARDED	20010322	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19690926	
DISCHARGE AUTHORITY	AR 635-200  	
DISCHARGE REASON	Expiration term of service	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.