MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  6 September 2001
	DOCKET NUMBER:  AR2001058044

	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. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. Luther L. Santiful		Chairperson	
	Mr. John T. Meixell		Member	
	Mr. Melvin H. Meyer		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:  Award of the Purple Heart.

APPLICANT STATES:  That he received a serious foot and toe injury during 
a rocket attack, in the late evening on 11 November 1969, at his base camp.  
He also states that he was informed by medical personnel from the 61st Medical Dispensary that he would receive a Purple Heart for his injuries, which he did not receive, prior to his expiration of term of service (ETS), that took place in Vietnam.  He also states that his injury occurred while he was running in the dark to an underground bunker and that he kicked a piece of lumber that was part of the bunker.  In support of his application he submits a copy of his DD Form 214 (Report of Transfer or Discharge), a copy of his DA Form 20 (Enlisted Qualification Record), and copies of his service medical records. 

EVIDENCE OF RECORD:  The applicant's military records show he enlisted on 12 March 1968 as personnel specialist.  He served in Vietnam from 3 March 1969 to 15 October 1970 and was released from active duty and transferred to the Army Reserve.

The applicant’s DD Form 214 does not show the Purple Heart as an authorized award.  

There is no evidence in the available records which shows that the applicant was awarded the Purple Heart.  There also is no evidence in his records to show that he was wounded or treated for wounds as a result of hostile action.  His 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).

Medical evidence provided by the applicant shows that he injured his toe and foot during an alert the night of 11 November 1969, and was seen by medical personnel at the 61st Medical Dispensary in Vietnam.  However, medical personnel failed to indicate that the applicant’s injuries were the result of hostile action.

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, 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, and it is concluded:

1.  Medical evidence provided by the applicant, dated 11 November 1969, shows that he received an injury to his toe and foot during an alert.  However, there is no medical evidence which shows that his injuries were the result of hostile action.

2.  There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he was injured or wounded due to hostile action during his service in Vietnam.  Therefore, he is not entitled to correction of his records to show the 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

__ls____  ___jm__  ___mm__  DENY APPLICATION

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

INDEX

CASE ID	AR2001058044	
SUFFIX		
RECON		
DATE BOARDED	20010906	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19701015	
DISCHARGE AUTHORITY	AR 615-200	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  61		
2.		
3.		
4.		
5.		
6.