MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           27 March 2001                   
	DOCKET NUMBER:   AR2001053337

	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	
	Mrs. Joyce A. Hall		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:  In effect, that his Armed Forces of the United States Report of Transfer or Discharge DD Form 214, be corrected to show the award of the Purple Heart.

APPLICANT STATES:  In effect, that he was wounded in the head while serving in the Republic of Vietnam (RVN) and he was not awarded the Purple Heart for 
his  injury.  In support of his application, he submitted a copy of his DD Form 214, for his service ending in 1969, copies of Medical Treatment Forms (Temporary Form 600) and a copy of a letter from the Veterans Administration (VA), Muskogee, Oklahoma dated 26 May 1970. 

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

He was inducted into the Army on 15 December 1967.  He completed basic combat training and advanced individual training and was awarded military occupational training 11B10 (Light Weapons Infantryman).

The applicant’s Enlisted Qualification Record (DA Form 20) shows that he
served in the RVN from May 1968 to May 1969 as an Auto Rifleman.

The medical information furnished by the applicant shows that on 15 March 1969, he was treated for laceration to the forehead.  It appears that information is missing from the Temporary Form 600.  The applicant’s medical records are not available.  The medical evidence that is available was provided by the applicant.

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, which show that he was wounded or was treated for wounds as a result of hostile action.  His DA Form 20 does not show an entry under item 40 (Wounds) and item 21 (Awards and Decorations) does not show the Purple Heart as an authorized award.  

On 12 December 1969, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve.  He completed 1 year, 11 months and 
28 days creditable active service.  His DD Form 214, does not show the award of the Purple Heart.

Telephone conversation with the Awards Branch, U.S. Total Army Personnel Command, Arlington, VA on 12 March 2001, indicates that the applicant is not listed on the 1969, Vietnam Casualty Report.

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, 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.  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.

2.  The evidence submitted by the applicant shows that treatment for an injury
was rendered on 15 March 1969; however, the evidence does not indicate that the injury received was battle related nor does it indicate who received the injury/treatment. 

3.  It is noted that the VA has recognized that the applicant does have a service-connected injury, however to be awarded the Purple Heart the injury must be documented and result from hostile action.  Therefore, the Board is reluctant to authorize such award without official substantiating evidence.  If the applicant can provide substantiating evidence to show his injury was a result of hostile action, he may reapply.

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

__rwa___  __alr___  __gjw___  DENY APPLICATION

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

INDEX

CASE ID	AR2001053337	
SUFFIX		
RECON		
DATE BOARDED	20010327	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.