MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:             25 September 2001                 
	DOCKET NUMBER:    AR2001057471

	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. Lee Cates		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Lester Echols		Member	
	Mr. Ronald E. Blakely		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 records be corrected to show award of the Purple Heart (PH).

APPLICANT STATES: That he be awarded the PH due to an injury received while on a combat assault in Vietnam.  While being medically evacuated, he was thrown into a helicopter; his face hit a seat and he was bleeding from the mouth.

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

On 3 June 1969, he was inducted into the Army of the United States.  He completed his required training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

During the period 7 December 1969 to 12 December 1970, he served in Vietnam.

He was advanced to pay grade E-4 effective 26 February 1970.

On 12 December 1970, he was honorably separated in pay grade E-4 under Army Regulation 635-200, based on being an overseas returnee.  His separation document indicates he had 1 year, 6 months and 7 days of creditable service and 3 days of lost time.

His Enlisted Qualification Record does not show he was wounded in action in Vietnam.

In a previous application to this Board on 8 April 1991, requesting award of the Combat Infantryman Badge, he made no mention or inquiry concerning award of the Purple Heart (PH).

Army Regulation 600-8-22  (Military Awards) 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.

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.  The applicant is not entitled to award of the PH based on the evidence of record.

2.  His contentions have been noted; however, there is no evidence in the available records to support his request.
3.  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.

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

_jns____  _reb____  _le_____     DENY APPLICATION

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

INDEX

CASE ID	AR2001057471	
SUFFIX		
RECON		
DATE BOARDED	20010925	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.