MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           17 April 2001
	DOCKET NUMBER:   AR2001051908

	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. Lee Cates		Analyst	

  The following members, a quorum, were present:

	Mr. John H. Kern 		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Ms. Margaret V. Thompson		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 records be corrected to show entitlement to award of the Purple Heart.

APPLICANT STATES: That he “served in the “Army Security Agency” [ASA], held a Top Secret Cryptographic clearance, and was indoctrinated for Special Intelligence tasks.  While in Vietnam, I was assigned to a “Radio Research” company; I carried out missions which were classified Top Secret, and my injuries (January 1970) were incurred during such a classified mission.  (I was in direct hostile action with the enemy and received a concussion wound during an explosion, treated by a medic on the team, and stayed on the mission.)  I was again treated 15 June 1970 for these wounds (by the medical doctors at the 61st Medical Dispensary, APO 96266) and their treatment is in my medical records.”

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

On 27 December 1968, the applicant enlisted in the Regular Army.  He completed his required training and was awarded military occupational specialty 72B (Communications Center Specialist).

During the period 11 August 1969 to 10 August 1970, he served in various units in Vietnam.

On 15 June 1970, the applicant was treated for a childhood injury (a numb area) which had been re-injured 5 years prior and he claimed to be growing.

On 22 February 1972, a separation physical examination cleared the applicant for separation with a physical profile of 111111A.

On 23 March 1972, the applicant was honorably separated under Army Regulation 635-200, paragraph 5-3 and ASA Message 082230ZFEB72, with a Separation Program Number of 436, based on reduction in strength – ASA option for first term personnel.  His separation document indicates he had 3 years,         2 months and 27 days of creditable service.  He was awarded the Army Commendation Medal, the Good Conduct Medal, the National Defense Service Medal, the Vietnam Service Medal and the Vietnam Campaign Medal.

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.  There is no evidence of record available to the Board, which shows that the applicant was wounded or treated for wounds due to hostile action; therefore, he is not entitled to award of the Purple Heart.

2.  The applicant claims his combat related wounds occurred on a Top Secret mission; however, he has provided no documents which would validate his request for the Purple Heart.

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

_mvt____  _mm___     _jhk____  DENY APPLICATION

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

INDEX

CASE ID	AR2001051908	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010417	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107	
2.		
3.		
4.		
5.		
6.