MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

 
	BOARD DATE:           31 July 2001                   
	DOCKET NUMBER:   AR2001052684

	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. Edmund P. Mercanti		                         Analyst	

  The following members, a quorum, were present:

	Mr. Walter T. Morrison 		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. John T. Meixell		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 with oak leaf cluster.

APPLICANT STATES:  While serving in Vietnam, on 16 May 1969 he was blown through a wall by the blast of an incoming rocket.  On 23 June 1969 he hurt his back when jumping from a truck which was caught in an ambush.  

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

He enlisted in the Regular Army on 20 May 1968, was awarded the military occupational specialty of cook, and was promoted to pay grade E-4.

He was assigned to Vietnam on 20 January 1969 and served as a cook in an engineer battalion.

On 16 May 1969 the applicant was treated for tinnitus which he reported to be the result of his proximity to an incoming 122 millimeter rocket blast.  The applicant was treated for hearing loss throughout his enlistment.

On 24 June 1969 the applicant was treated once again.  The reason for his treatment was reported as “Jumped from truck yesterday and now has pain [in his back].”  He was diagnosed as having a muscle strain and given physical limitations of no heavy lifting for 2 days.

The applicant returned to the United States on 19 January 1970 and was honorably released from active duty on the same day due to his having insufficient time remaining on his enlistment to reassign him.  His DA Form 20, Enlisted Qualification Record, Item 40, Wounds, is blank.

Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for wounds 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 and applicable law and regulations, it is concluded:

1.  The applicant has not supplied any evidence, nor is there any evidence of record, which would support his contention that he injured his back as a result of jumping out of a truck during an ambush.  Based on the lack of corroborating evidence to support the fact that his injury was a direct result of enemy action, there is no basis for the Board to award the Purple Heart.

2.  As for the applicant’s contention that he should be awarded the Purple Heart for his hearing loss as a result of a rocket blast, while the applicant’s medical records show that he reported that his tinnitus was due to his proximity to a missile blast, there is no evidence to support that fact.  To the contrary, no wounds are listed on the applicant’s DA Form 20.  Without some form of corroborating evidence, there is no basis for the Board to award the Purple Heart.

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

____wtm_  ____aao_  ____jtm _  DENY APPLICATION

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

INDEX

CASE ID	AR2001052684	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010731	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.