MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  19 April 2001
	DOCKET NUMBER:  AR2001052071

	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:

	Mr. John N. Slone		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Mr. Curtis L. Greenway		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 in the head and between his fingers.  He provides no dates of the incident or information concerning the medical treatment received.

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

He was inducted and entered active duty on 22 June 1967.  He completed infantry training and was assigned to Vietnam for 11 months and 28 days.  He was separated from active duty in the pay grade of E-4 on 20 June 1969 and transferred to the USAR.

Neither the applicant’s DD Form 214 (Report of Transfer or Discharge) nor his DA Form 20 (Qualification Record) shows the Purple Heart as an authorized award.  Block 40 (Wounds) of his DA Form 20 is blank.  There are no medical records available for review or provided by the applicant.

The available record contains a copy of his recommendation for award of the Army Commendation Medal for meritorious service during the period November 1967 to November 1968.  Block 15 (Previous Awards of the Purple Heart or Higher) states “None.”  The narrative description of his meritorious service makes no mention of his having been wounded or injured as a result of enemy action.

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.  Neither the available record nor the contentions provided by the applicant provide sufficient evidence that he was wounded as a result of enemy action and entitled to the Purple Heart.

2.  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.

3.  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

___js___  ___be__  __cg___  DENY APPLICATION

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

INDEX

CASE ID	AR2001052071	
SUFFIX		
RECON		
DATE BOARDED	20010419	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.