MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            30 August 2001
	DOCKET NUMBER:   AR2001057187

	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:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Christopher J. Prosser		Member	
	Ms. Linda D. Simmons		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 Report of Transfer or Discharge (DD Form 214) be corrected to show that he was awarded the Purple Heart for injuries that he sustained while he was in Vietnam.

APPLICANT STATES:  That although he was told by the Veterans Administration that he would soon be receiving his Purple Heart, he would like to have the award reflected on his DD Form 214.

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

He was inducted into the Army on 4 August 1969 at Fort Campbell, Kentucky.  He successfully completed his training as an infantry indirect fire crewman.  On 12 December 1969, he was transferred to Vietnam.

His awards include the National Defense Service Medal, the Vietnam Campaign Medal w/60 Device, the Vietnam Service Medal w/three Bronze Service Stars, the Army Commendation Medal, the Bronze Star Medal and the Combat Infantryman Badge.

A review of the applicant’s records fails to show that he was ever wounded as a result of hostile action by enemy forces while he was in Vietnam or that he is entitled to the award of the Purple Heart.

He returned to the Continental United States on 29 November 1970 and he was released from active duty at the expiration of his term of service on 3 August 1971.  He was transferred to the United States Army Reserve Control Group (Annual Training) to complete his Reserve obligation.

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 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.  There is no evidence of record nor has the applicant submitted any evidence to support his contention that he was wounded while he was in Vietnam or that he is entitled to the Purple Heart.  

3.  In the absence of evidence to the contrary, it must be presumed that what the Army did in his case was correct.

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

___lds___  ___rvo __  ____cp__  DENY APPLICATION

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

INDEX

CASE ID	AR2001057187	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/08/30	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  46	107.0000/awards	
2.  61	107.0015/PH	
3.		
4.		
5.		
6.