MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            7 August 2001 
	DOCKET NUMBER:   AR2001056964

	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	
	Ms. Deyon D. Battle		Analyst	

The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. Thomas B. Redfern, III		Member	
	Ms. Regan K. Smith		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 a Purple Heart for each time he was injured in Vietnam.

APPLICANT STATES:  That he was injured twice while he was in Vietnam in 1968 and his injuries occurred approximately 30 days apart.

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

He was inducted into the Army on 8 March 1967 at Fort Bliss, Texas.  He successfully completed his training as a cannoneer.

On 8 July 1967, he was transferred to Vietnam.

His awards include the National Defense Service Medal, the Vietnam Campaign Medal, the Vietnam Service Medal, two Overseas Service Bars and the Marksmanship Badge (Rifles M-16 and M-14).

On 27 July 1968, he was transferred to the Continental United States and he was honorably released from active duty on 7 March 1969.

A review of the records fails to show that the applicant was ever wounded or injured as a result of hostile action by enemy forces while he was in Vietnam.

Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound/injury sustained as a result of hostile action.  Substantiating evidence must be provided to verify that the wound/injury was the result of hostile action, the wound/injury 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, 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 Board has noted the applicant’s contentions.  However, there is no evidence of record nor has the applicant submitted any evidence to support his contention that he was ever wounded or injured as a result of hostile action by the enemy while he was in Vietnam.

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

___tbr __  __mkp___  __rks____  DENY APPLICATION

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

INDEX

CASE ID	AR2001056964	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/08/02	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  46	107.0000.0000	
2.  61	107.0015.0000	
3.		
4.		
5.		
6.