MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           11 September 2001 
	DOCKET NUMBER:   AR2001058210

	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. Wanda L. Waller 		Analyst	

  The following members, a quorum, were present:

	Ms. Celia L. Adolphi		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Mr. Donald P. Hupman		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:  Correction of his DD Form 214 (Report of Transfer or Discharge) to show award of the Purple Heart.

APPLICANT STATES:  That he received shell fragment wounds to his chest while in Vietnam.  In support of his application, he submits a copy of a Standard Form 89 (Report of Medical History), dated 3 November 1969.

EVIDENCE OF RECORD:  The applicant's military records were requested from the National Personnel Center in St. Louis, Missouri.  However, the Official Military Personnel File (OMPF) provided does not contain all of the applicant’s personnel service records.  Therefore, this review is based on the documents provided by the applicant and the available service personnel records contained in his OMPF.  The applicant’s DD Form 214 shows that he was inducted on 
22 November 1967.  He served as infantry indirect fire crewman in Vietnam for almost one year and was honorably released on 21 November 1969.   

The applicant’s DD Form 214, which was authenticated in his own hand, does not show the Purple Heart as an authorized award.

There is no evidence in the available records which shows the applicant was awarded the Purple Heart or was wounded as a result of hostile action.

The applicant provided a copy of a Standard Form 89 (Report of Medical History), dated 3 November 1969, which shows the entry “Frag [fragment] wound to chest” in item 39 (Physician’s Summary and Elaboration of all Pertinent Data). However, there is no entry by the applicant that he was hospitalized for anything other than “Yellow Fever”, treated by a physician in the past few years, or sustained any injuries. 

The applicant’s name does not appear on the Vietnam Casualty Roster.

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.  There is no evidence of record available to the Board which shows the applicant was wounded or treated for wounds due to hostile action in Vietnam.  

2.  The applicant signed his DD Form 214 on 21 November 1969 attesting to the fact that he was not entitled to award of the Purple Heart.

3.  The Board reviewed the Standard Form 89 provided by the applicant in support of his claim for award of the Purple Heart.  However, in the absence of orders or other evidence of record showing the applicant was wounded or treated for wounds as a result of hostile action, the Board determined that the Standard Form 89 is not sufficient as a basis for award of the Purple Heart.  Therefore, the applicant is not entitled to correction of his discharge document to show award of the Purple Heart.  

4.  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.

5.  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

CLA____  CLG____  DPH_____  DENY APPLICATION

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

INDEX

CASE ID	AR2001058210	
SUFFIX		
RECON		
DATE BOARDED	20010911	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	  	
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.