MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  11 September 2001
	DOCKET NUMBER:  AR2001057536

	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. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Ms. Celia L. Adolphi		Chairperson	
	Mr. Donald P. Hupman		Member	
	Mr. Curtis L. Greenway		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 award of the Purple Heart be added to his DD Form 214 (Report of Transfer or Discharge) and that he be issued the medal.

APPLICANT STATES:  That he received the award but not the medal.  He provides no details on when, how, or where he was wounded.  He provides a copy of a Purple Heart Certificate in support of his request.

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

He enlisted and entered active duty on 14 February 1969.  He completed training as a helicopter repairer and was assigned to Vietnam from September 1969 to September 1970 and again from March 1971 to February 1972.  He was separated from active duty in the pay grade of E-5 on 10 February 1972, and transferred to the Army Reserve.

The applicant’s DD Form 214 does not show an award of the Purple Heart.  His DA Form 20 (Qualification Record), in block 40 (Wounds) is blank.  There are no military medical or Department of Veterans Affairs medical records available for review.

The copy of the Purple Heart Certificate provided by the applicant states that he was wounded in action in Vietnam on 14 January 1970.  The certificate was issued on 14 September 1970, and signed by the commander of the 17th Aviation Group.

From January to September 1970, the applicant was assigned to the 
189th Aviation Company, which was assigned to the 17th Aviation Group.  The 17th Aviation Group was a subordinate organization to the 1st Aviation Brigade.

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.

Headquarters, U. S. Army Republic of Vietnam Regulation 672-1 provided the approval authority for awards in Vietnam.  Appendix I of the regulation stated that the commanders of separate aviation groups and the Commander, 1st Aviation Brigade, were approval authorities for the Purple Heart.

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.  Notwithstanding the Purple Heart Certificate provided by the applicant, there is no medical evidence of record, or other evidence provided by the applicant, to show that he was wounded as a result of action with the enemy.

2.  The applicant’s Purple Heart Certificate is signed by a commander that did not have award authority for the Purple Heart and cannot be accepted as the sole evidence that the applicant is entitled to an award of the Purple Heart.

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

__ca____  ___dh___  ___cg___  DENY APPLICATION

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

INDEX

CASE ID	AR2001057536	
SUFFIX		
RECON		
DATE BOARDED	20010911	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.