MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  16 October 2001
	DOCKET NUMBER:  AR2001058714

	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. Raymond V. O’Connor, Jr.		Chairperson	
	Ms. Regan K. Smith		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:  Award of the Purple Heart.

APPLICANT STATES:  That he received a shrapnel wound to the “top of his left foot and busted his ear drum.”  He was wounded in a mortar or rocket attack during the time frame of 1968 to 1969, lost his hearing for one day, and was not hospitalized.  He also states that his wound was so small, healed, and was not recorded.  He further states that he was discharged from Valley Forge General Hospital in the summer of 1972 without a complete examination.  In support of his application, he submits five DD Forms 214 (Report of Transfer or Discharge).

EVIDENCE OF RECORD:  The applicant's military records show he enlisted 
on 28 June 1958.  He continued to serve through a series of continuous reenlistments until he was honorably discharged under the provisions of Army Regulation 635-40, paragraph 5-8e(3), physical disability with severance pay,
on 2 November 1972. 

He served in Vietnam from 5 August 1968 to 23 September 1969, and from 15 February 1970 to 19 February 1971.

His discharge documents do not show the Purple Heart as an authorized award.

There are no orders in the applicant’s service personnel records which show that he was awarded the Purple Heart.  There also is no evidence in his records that show 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).

The applicant’s medical records are unavailable for review by this Board.

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.

Information provide by the Awards Branch of the Total Army Personnel Command revealed that the applicant’s name did not appear on the Vietnam Casualty Roster for a wound during the time frame of 1968-1969.

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 Board notes the applicant’s contention that he received a shrapnel wound to the top of his left foot and was wounded in a mortar or rocket attack during the time frame of 1968 to 1969.  However, there is no evidence in the available record, and the applicant has provided no evidence, to support his contentions.  

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

__ro___  ___rs__  __dh______  DENY APPLICATION

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

INDEX

CASE ID	AR2001058714	
SUFFIX		
RECON		
DATE BOARDED	20011016	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19721102	
DISCHARGE AUTHORITY	AR 635-40, C, 5	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  61		
2.		
3.		
4.		
5.		
6.