MEMORANDUM OF CONSIDERATION

	IN THE CASE OF

	BOARD DATE:           27 SEPTEMBER 2001
	DOCKET NUMBER:   AR2001059734

	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. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor  		Chairperson	
	Mr. Eric N. Andersen		Member	
	Mr. Thomas E. O’Shaughnessy		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:  That his records be corrected to reflect award of the Purple Heart.

APPLICANT STATES:  He "was injured in [the] line of duty in combat in Vietnam" but was never awarded the Purple Heart.  He notes that the "record of paper work never got out of field to the rear for processing."  In support of his request he submits two pictures which he states shows the bandage on arm and an article in which he is quoted regarding an enemy attack on a landing zone.

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

He entered active duty on 24 October 1967 and arrived in Vietnam in November 1968.  He was awarded a Bronze Star Medal with "V" device for his heroic actions on 1 March 1969.  Orders issued by the 1st Cavalry Division on 
2 May 1969 confirm the award.  The narrative citation for the award is consistent with the information contained in the article submitted in support of his request.  However, neither the article nor the award narrative indicate he was wounded.

Prior to his departure from Vietnam, in August 1969, he was awarded a Bronze Star Medal for meritorious service and an Air Medal for meritorious achievement. Both awards were confirmed in orders issued by the 1st Cavalry Division.

A separation physical examination, conducted on 13 August 1969, makes no mention of any wounds sustained as a result of hostile actions.  Item 40 (wounds) on his DA Form 20 (enlisted qualification record) is blank.  Although item 41 (awards and decorations) reflects his award of the Combat Infantryman Badge and both awards of the Bronze Star Medal, it does not reflect award of a Purple Heart.  The Air Medal is also not reflected in item 41 but orders confirming that award were not issued until 29 August 1969, several days after the applicant's 14 August 1969 separation date.

In December 1969 he inquired about his entitlement to the Purple Heart and an Air Medal with "V" device.  He noted in his request that neither award "came back after I was recommended."  In response to his request an Army official indicated that his records did not contain copies of orders for either decoration.  In April 1971, however, the applicant was issued the Air Medal based on the 24 August 1969 orders confirming the award.

Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for wounds 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.  There is no conclusive evidence that the applicant was wounded as a result of hostile action and as such there is no basis for award of the Purple Heart.  The Board notes that his Bronze Star Medal with "V" device, his DA Form 20, and his separation physical examination make no mention of any wounds.

2.  His contention that his award of the Purple Heart "never got out of field” is without foundation in view of the fact that an award of the Bronze Star Medal with "V" device was processed to conclusion.  The Board also notes that in addition to the Bronze Star Medal with "V" device, an award of the Bronze Star Medal for meritorious service and an Air Medal for meritorious achievement were also processed to conclusion by the applicant's command.  The fact that these awards were finalized tends to support a conclusion that if the applicant were entitled to a Purple Heart that award would also have been processed to conclusion.

3.  One of the primary requirements for award of the Purple Heart is that treatment by a medical officer be made a matter of official record.  In this case no such record appears to exist.  The pictures submitted in support of his request are not confirmation of a combat wound.

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.

NOTE:  The Army Review Boards Agency Support Division in St. Louis is requested to add the Bronze Star Medal with “V” device and Air Medal to the applicant’s separation document.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__RVO  _  __ENA __  __TEO __  DENY APPLICATION

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

INDEX

CASE ID	AR2001059734	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010927	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.