MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            22 February 2001
	DOCKET NUMBER:   AR2001051689

	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. Deyon D. Battle		Analyst	

The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Ted S. Kanamine		Member	
	Mr. Stanley Kelley		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:  That his Report of Transfer or Discharge (DD Form 214) be corrected to show that he was released from the service on permanent records and that he was awarded the Purple Heart.  He also requests that his records be corrected to show that he was cited for meritorious service while he was in the Army and that he received a medal for detecting infiltrators while he was on guard duty. 

APPLICANT STATES:  That he was wounded while in combat during a rescue mission of downed pilots in November 1965.  He states that when he was discharged a lieutenant told him that his records were placed on a separate plane, which was shot down.  In support of his application he submits a copy of his DD Form 214.

EVIDENCE OF RECORD:  The applicant's military records were not available for review by the Board.  However, the DD Form 214 submitted by the applicant shows:

He was inducted in the Army on 17 January 1964.  He successfully completed his training as a general supply specialist.

His awards include the Good Conduct Medal, the Presidential Unit Citation, the Vietnam Service Medal w/2 Bronze Stars and the Republic of Vietnam Campaign Medal.

He was honorably released from active duty and was transferred to the United States Army Reserve on 14 January 1966.

The DD Form 214 that the applicant was furnished at the time of his separation shows that he received no wounds as a result of hostile action with the enemy.  His DD Form 214 also shows that he was separated on temporary records and on the soldier’s affidavit.  The applicant signed the DD Form 214 confirming that the information contained therein was correct.

There is no evidence in the available record that shows that the applicant was ever cited for meritorious service after he detected infiltrators while he was on guard duty.

On 3 May 1989, this Board denied the applicant request for correction of his records to show that he was cited for meritorious service and to show that he was suffering from post traumatic stress disorder (AC88-07498).

Army Regulation 635-5 serves as the authority for the preparation of the DD Form 214.  It states, in pertinent part, that the information contained on the DD Form 214 will apply only to the period of service covered by the DD Form 214.

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 by a medical officer, 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 Board has noted the applicant’s contentions.  However, they are unsubstantiated by the available evidence.  There appears to be no evidence of record nor has the applicant submitted any evidence that shows that he was ever cited for meritorious service. 

3.  Additionally, the available information fails to show that he was wounded as a result of hostile action by the enemy.  Consequently, he is not entitled to the Purple Heart.

4.  His DD Form 214 appropriately shows the type of records used at the time of his separation.  He was separated on temporary records and not on his permanent records.  He signed his DD Form 214 and, in an affidavit, he confirmed that the information contained therein was correct.

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

___sk ___  __tsk ___  ___rvo __  DENY APPLICATION

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

INDEX

CASE ID	AR2001051689	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/02/22	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  61	107.0015	
2.  63	107.0017	
3.  189	110.0000	
4.		
5.		
6.