MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:           11 October 2001                  
	DOCKET NUMBER:   AR2001055439

	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:

	Ms. Joann H. Langston		Chairperson	
	Mr. Mark D. Manning		Member	
	Mr. Jose A. Martinez		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:  His brother, who never served in combat, has a Purple Heart listed on his DD Form 214.  He believes because of the similarities in their first names, his brother may have inadvertently been awarded his Purple Heart.

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

He was inducted on active duty on 10 December 1969, was awarded the military occupational specialty of infantryman, and was promoted to pay grade E-4.  He served in Vietnam from 7 July 1970 to 4 May 1971.

He was honorably released from active duty on 15 September 1971.  His DD Form 214 shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Army Commendation Medal, the Combat Infantryman Badge, the Sharpshooter Marksmanship Qualification Badge with rifle bar, and the Air Medal.

The applicant’s DA Form 20, Enlisted Qualification Record, Item 40, Wounds, has no entries.  The applicant’s health records do not contain any record of him being wounded.  The applicant’s separation physical examination has no mention of his being wounded.

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.  There is no evidence to support the applicant’s contention that he was wounded in combat.

2.  Without evidence to show that the applicant was wounded, there is no basis to award him 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

__mdm __  ____jhl__  ___jam __  DENY APPLICATION

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

INDEX

CASE ID	AR2001055439	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20011011	
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.