MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  10 April 2001
	DOCKET NUMBER:  AR2001051868

	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. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Ms. Sherri V. Ward		Chairperson	
	Mr. James E. Anderholm		Member	
	Mr. George Paxson		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 he be awarded the Purple Heart.

APPLICANT STATES:  That he was wounded.  He provides no details on how or when he was wounded or what medical treatment he was provided.  He submits a statement from a fellow former soldier in support of his application.

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

That he served as an engineer construction supervisor in the pay grade of E-6 while assigned in Vietnam from 26 May to 30 December 1966.  In the available record is the commander’s recommendation for award with narrative description for the applicant’s period of service from May to October 1966.  His duties and service as excavation section leader and assistant platoon sergeant were praised and the Army Commendation Medal was approved.  There is no mention in the five paragraph justification for the award that the applicant was ever wounded or injured as a result of enemy action.

Also in the available record is a Letter of Commendation, dated 15 November 1966, from his unit commander.  The commander thanks him for his efforts on behalf of the company and the resulting successes.  There is no mention of the applicant having been wounded or injured during this period of duty.

The applicant’s DD Form 214 (Report of Separation from Active Duty), issued on 17 August 1967, does not show the Purple Heart as an authorized award.  There are no medical records or copies of physical examinations in the available record.

The statement from the former fellow service member states that he knew the applicant in Vietnam in 1966.  On an unspecified date an ammunition dump exploded approximately ½ mile from them.  They also experienced small arms fire and several people were injured.  The next day he saw the applicant and he was wearing a bandage on his neck.

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.  There is no evidence of record, and none provided by the applicant, to show that he was injured or wounded as a result of enemy action in 1966 in Vietnam.  The witness statement is an insufficient basis for the award and lacks credibility based on the lack of details presented.  The witness only states that he saw the applicant with a bandage.

2.  The statements of individuals are inadequate as the sole basis for an award of the Purple Heart because they do not fulfill the regulatory requirement that there must be a record of medical treatment.  However, they can be accepted as a substantiation of the combat or the enemy origin of a wound for which there is a record of treatment.

3.  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.

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

__sw___  __ja____  __gp____  DENY APPLICATION

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

INDEX

CASE ID	AR2001051868	
SUFFIX		
RECON		
DATE BOARDED	20010410	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.