MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            27 March 2001     
	DOCKET NUMBER:   AR2001051867

	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	
	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:  Award of the Purple Heart.  

APPLICANT STATES:  That he was involved in a helicopter crash in July 1970 during combat and he injured his back and ankle.  He contends that he was hospitalized in Vietnam.  In support of his application, he submits a VA Rating Decision, dated 14 November 2000, and his DD Form 214 (Report of Transfer or Discharge).

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

The applicant enlisted on 30 October 1969 for a period of 3 years.  He served as a door gunner in Vietnam from 6 June 1970 through 27 April 1971 and was honorably released on 9 June 1972.

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

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.  His DA Form 20 (Enlisted Qualification Record) does not show any entry in item 40 (Wounds) or list the Purple Heart in item 41 (Awards and Decorations).  The applicant’s name does not appear on the Vietnam Casualty Roster.

The applicant provided a VA Rating Decision, dated 14 November 2000, which states “DD214 and service personnel records show the veteran served in Vietnam as a door gunner on a helicopter.  While there is no evidence the veteran was awarded any combat ribbons such as the Purple Heart or Combat Infantryman’s Badge, there is sufficient evidence to show the veteran engaged in combat with the enemy.  A review of the veterans service medical records show the veteran was involved in a helicopter crash while serving as a door gunner in Vietnam.  The veteran’s service in Vietnam is consistent with the time, duty, and place of combat”.  However, there are no service medical records or any evidence of record available to the Board which shows the applicant was involved in a helicopter crash as the result of hostile action in Vietnam. 

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 considered the applicant’s contention that he was involved in a helicopter crash during combat in July 1970 and was hospitalized in Vietnam.  However, there is no evidence of record available to the Board to support this contention.   

2.  Notwithstanding the VA Rating Decision submitted by the applicant, there is no evidence of record available to the Board which shows that he was wounded or treated for wounds as a result of hostile action in Vietnam.

3.  Evidence of record shows the applicant signed his discharge document attesting to the fact that he was not entitled to 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

RWA____  ALR____  GJW_____  DENY APPLICATION

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

INDEX

CASE ID	AR2001051867	
SUFFIX		
RECON		
DATE BOARDED	20010327	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19720609	
DISCHARGE AUTHORITY	AR 635-200  	
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.