MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           8 November 2001                   
	DOCKET NUMBER:   AR2001059169

	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:

	Mr. Fred N. Eichorn 		Chairperson	
	Ms. Barbara J. Ellis 		Member	
	Ms. Karen Y. Fletcher 		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 two awards of the Purple Heart (correctly known as the Purple Heart with First Oak Leaf Cluster).

APPLICANT STATES:  That he was wounded by a punji stake/spike in Vietnam in April 1968 and was wounded again on 1 June 1968.  In support of his application, he submits a copy of his DD Form 214 and an eyewitness statement, dated 13 June 2001.

COUNSEL CONTENDS:  The Veterans of Foreign Wars, as counsel for the applicant, was notified of the applicant’s pending review by the Board; however, no brief was submitted.  

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

The applicant enlisted on 1 November 1965 for a period of 3 years.  On 
20 December 1966 the applicant reenlisted for a period of 4 years.  He served as an indirect fire crewman in Vietnam from 24 March 1968 through 31 March 1969 and was honorably released on 30 March 1971.

The applicant’s DD Form 214, which was authenticated in his own hand, does not show any award of 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 or was wounded as a result of hostile action in Vietnam.

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

The applicant provided an eyewitness statement, dated 13 June 2001, from a fellow soldier attesting that the applicant received a punji wound to the backside of his left knee when he slipped off a rice paddy dike.  The soldier also states that the applicant was wounded on the backside of his right elbow when a booby trapped shell was tripped and set off. 

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.  The Board noted the applicant’s contention that he was wounded on two occasions in Vietnam.  However, there is no evidence of record which shows that he was wounded or treated for wounds due to hostile action in Vietnam.

2.  The Board also considered the eyewitness statement provided in support of the applicant’s claim for two awards of the Purple Heart.  However, this statement made over 32 years after the fact is not sufficient by itself as a basis for any award of the Purple Heart in view of evidence of record which shows the applicant was not wounded.  Therefore, the applicant is not entitled to correction of his discharge document to show any 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

FNE____  BJE_____  KYF_____  DENY APPLICATION

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

INDEX

CASE ID	AR2001059169	
SUFFIX		
RECON		
DATE BOARDED	20011108	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.