MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            14 August 2001
	DOCKET NUMBER:    AR2001056812

	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. Walter Avery, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Walter T. Morrison 		Chairperson	
	Mr. Ronald E. Blakely		Member	
	Mr. Joe R. Schroeder		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 his military records be corrected to show he was awarded the Purple Heart.

APPLICANT STATES:  That between August and September 1969, while serving in Vietnam, he was wounded by shrapnel.

The applicant provides no information concerning the circumstances surrounding his injury by shrapnel.  He submits no sworn affidavits, eyewitness statements, certificates, orders, corroborating statements from commanders, leaders, fellow comrades or health care personnel who had personal knowledge of the circumstances and events relative to this request.

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

He was ordered to active duty from the Army National Guard (ARNG) on 13 May 1968 at the rank of sergeant.  He served in Vietnam from 22 April 1969 to 24 November 1969.  On 12 December 1969, he was honorably released back to the ARNG.

His DD Form 214 reflects that he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal with device 1960, the Air Medal and the Expert Badge with M-60 Machine Gun bar.  The Purple Heart is not listed as an authorized award. 

In addition to the foregoing awards, his record reveals a certificate and order for the Army Commendation Medal for meritorious service in Vietnam during the period December 1968 to November 1969, and that he qualified sharpshooter with the M-14 rifle.

The applicant’s DA Form 20 (Enlisted Qualification Record) does not show any entry in item 40 (Wounds) or list the Purple Heart in item 41 (Awards and Decorations). 

On 26 November 1969, the applicant underwent a physical examination for the purpose of demobilization.  In his own hand he indicated that his health was good and he made no entries concerning an injury caused by shrapnel or that he suffered any other wounds while he was on active duty.

On 1 December 1969, the applicant signed a Statement of Medical Condition in which he indicated there had been no change in his medical condition.

The National Personnel Records Center researched unit morning reports to verify the applicant’s claim for the Purple Heart.  No evidence to support his request was found.

AR 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.

Department of the Army Pamphlet 672-3 shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974.

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.  There is no evidence of record, and the applicant has provided no evidence, which shows that he was awarded the Purple Heart or that he was wounded or treated for wounds as a result of hostile action.  Neither is there any evidence that a unit or hospital commander may have awarded him 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 satisfies this requirement.

3.  Nonetheless, in reviewing his case it was noted that he is entitled to the Army Commendation Medal, the Vietnam Gallantry Cross with Palm Unit Citation, and the Sharpshooter Badge with rifle bar.  Accordingly, the Army Review Board Agency Support Division, St. Louis will be requested to issued him a correction to his separation document reflecting these awards.

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.

NOTE: The Army Review Boards Agency Support Division, St. Louis will be requested to provide the applicant with a correction to his separation document which shows he was awarded the Army Commendation Medal, the Vietnam Gallantry Cross with Palm Unit Citation, and the Sharpshooter Badge with rifle bar.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

____wtm_  ___reb__  ____jrs__  DENY APPLICATION

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

INDEX

CASE ID	AR2001056812	
SUFFIX		
RECON		
DATE BOARDED	20010814	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION		
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.