MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           16 October 2001
	DOCKET NUMBER:   AR2001060440

	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. Raymond V. O’Connor		Chairperson	
	Mr. Donald P. Hupman		Member	
	Ms. Regan K. Smith		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 should have received the Purple Heart for injuries received during his service in Vietnam.  He contends that he was injured during a battle at Kat-Lai in Vietnam on 9 November 1967 when a fire bomb, set by the enemy, went off and he sustained second and third degree burns to his face and back.  He also contends that he spent 30 days in the hospital.  In support of his application, he submits a copy of his Honorable Discharge Certificate from the U.S. Army Reserve (USAR) and separation orders.

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

The applicant was inducted on 22 September 1966.  He served as a boat crewman in Vietnam from 24 April 1967 through 19 April 1968 and was honorably released on 20 September 1968 and transferred to the USAR.  He was honorably discharged from the USAR on 21 September 1972.

The applicant’s DD Form 214 (Report of Transfer or Discharge), which was authenticated in his own hand, does not show the Purple Heart as an authorized award.

There is no evidence in the applicant’s service personnel records that he was awarded the Purple Heart or was wounded as a result of hostile action.

His DA Form 20 (Enlisted Qualification Record) does not reflect entitlement to the Purple Heart and item 40 (Wounds) on his DA Form 20 is blank.  The applicant’s name does not appear on the Vietnam Casualty Roster.

Evidence of record shows that on 29 July 1968 the applicant underwent a separation physical examination.  Item 39 (Physician’s Summary and Elaboration of all Pertinent Data) on the applicant’s Standard Form 89 (Report of Medical History) indicates the applicant sustained second degree burns to his waist and trunk in an accident in Vietnam.  However, there is no evidence that this injury was the result of hostile action.    

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 injured on 
9 November 1967 when a fire bomb, set by the enemy, went off and he sustained second and third degree burns to his face and back.  However, medical evidence of record shows the applicant sustained second degree burns to his waist and trunk in an accident in Vietnam.

2.  There is no evidence of record, and the applicant has provided no evidence, which shows that he was wounded or treated for wounds due to hostile action in Vietnam.

3.  The applicant signed his DD Form 214 on 20 September 1968 attesting to the fact that he was not entitled to award of the Purple Heart.

4.  The preponderance of evidence in this case shows the applicant was not wounded or otherwise entitled to award of the Purple Heart.  Therefore, the applicant is not entitled to correction of his military records to show award of the Purple Heart.

5.  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.

6.  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

RVO____  DPH____  RKS_____  DENY APPLICATION

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

INDEX

CASE ID	AR2001060440	
SUFFIX		
RECON		
DATE BOARDED	20011016	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	 	
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.