MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           18 September 2001                   
	DOCKET NUMBER:   AR2001058085

	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	
	Mrs. Joyce A. Hall		Analyst	

  The following members, a quorum, were present:

	Ms. Joann H. Langston		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Ms. Karen A. Heinz		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:  In effect, award of the Purple Heart (PH) Medal.

APPLICANT STATES:  In effect, that she was not awarded the PH and that it is not listed on her Armed Forces of the United States Report of Transfer or Discharge DD Form 214.  She was wounded in Saigon by an explosion that occurred outside the Brink’s PX.  She has shrapnel in her left hip which was detected by a MRI that she had at the North Chicago Veterans Medical Center.
She received treatment for her injury, but she did not know that she was
eligible for the award.

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

On 12 April 1955, the applicant enlisted into the Army for 3 years.  She completed the required training and was awarded military occupational specialty 711.10 (Clerk Typist).  The highest grade she achieved was pay grade E-7.
Her services were continuous through extensions and reenlistments. 

The applicant’s Official Military Personnel File shows that she served in the Republic of Vietnam from November 1966 to October 1967.  

Her Enlisted Personnel Qualification Record (DA Form 20) shows that she was hospitalized as a patient at the 3rd Field Hospital, Vietnam in September/October 1967.  The DA Form 20, does not show an entry in item 40 (Wounds).  The applicant’s medical service records are not available.

There are no orders in the applicant’s service personnel records, which show she was awarded the PH.  Her name does not appear on the 1966 – 1967 Vietnam Casualty Roster.

On 31 May 1975, the applicant retired from the Army after completing 20 years and 9 days of active duty service.  Her DD Form 214, shows that she was awarded the Republic of Vietnam Service Medal, the Vietnam Campaign Medal, the Vietnam Gallantry Cross w/Palm, the Army Good Conduct Medal (4th Award), the Joint Service Commendation Medal, the National Defense Service Medal, 
2 Overseas Service Bars and the Army Commendation Medal.  The DD Form 214 does not show the PH award.

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.  The evidence available to the Board shows that the applicant received treatment and was hospitalized during the period in question.  The evidence does not show if the applicant’s hospitalization was due to an injury that resulted from hostile action.  Therefore, without official substantiating evidence, the applicant is not entitled to award of the PH.  However, if the applicant can provide substantiating evidence, which shows that she was injured and was treated for an injury that resulted from hostile action, she may reapply. 

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

__jhl___  __mhm___  __kah___  DENY APPLICATION

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

INDEX

CASE ID	AR2001058085	
SUFFIX		
RECON		
DATE BOARDED	20010918	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.