MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:           18 October 2001                   
	DOCKET NUMBER:   AR2001055874

	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. Fred N. Eichorn		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Ms. Barbara J. Ellis		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:  In effect, that no record of his wound was ever placed in his personnel records.  Since no record of his wound ever made the transition to his personnel file, he was not awarded the Purple Heart.

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

He enlisted in the Regular Army on 25 July 1967, was awarded the military occupational specialty of general vehicle repairman, served in Vietnam as a supply clerk from 21 December 1967 to 20 December 1968, was promoted to pay grade E-5, and was honorably discharged on 29 October 1969 for the purpose of immediate reenlistment.

While stationed in the United States, the applicant’s duty status was changed to Absent Without Leave (AWOL) on 5 September 1972.  His duty status was changed from AWOL to Dropped from the Rolls (DFR) of the Army on 5 October 1972.  His duty status was changed from DFR to present for duty on 12 October 1972.

On 12 December 1972 the applicant was issued a General Discharge Certificate as a result of his discharge in lieu of court-martial, for the good of the service.  His awards and decorations included the Good Conduct Medal, the Army Commendation Medal, the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal with 1960 device, and weapons qualifications badges.

The applicant’s DA Form 20, Enlisted Qualification Record, Item 40, Wounds, does not contain any entries.  Item 38 of this form, Record of Assignments, does not show that the applicant’s duty status ever changed to patient or convalescent status.

The applicant’s military records do not contain any record of him being wounded or injured while he was on active duty.

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’s records contain no evidence and he has submitted no evidence to support his contention that he was wounded in action and is entitled to the Purple Heart.  In the absence of substantiating evidence, there are no grounds for the Board to approve his request.

2.  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

_fne_____  ___mhm_  ___bje __  DENY APPLICATION

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

INDEX

CASE ID	AR2001055874	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20011018	
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.