MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:

	BOARD DATE:           
	DOCKET NUMBER:   

	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	
	Mr. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Ms. Irene N. Wheelwright		Chairperson	
	Mr. Hubert O. Fry, Jr.		Member	
	Mr. Donald P. Hupman, Jr.		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 the Purple Heart be added to his authorized awards.

APPLICANT STATES:  The applicant provides no documentation or information on when, how, or where he was wounded or treated for his wounds.  He provides a copy of a letter from his former unit concerning his Purple Heart.

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

He enlisted and entered active duty on 19 March 1970.  He completed infantry training and was assigned to Vietnam from 1 September 1970 to 1 September 1971.  Effective 13 January 1972, he was separated from active duty in the pay grade of E-5 and transferred to the Reserve Components.  His DD Form 214 (Report of Transfer or Discharge) does not show the Purple Heart as an authorized award.

The applicant wrote to his former unit requesting orders for the Purple Heart.  In a 1 March 1972 reply to his request, the company executive officer stated that orders could not be located but the General Order Number was 7596.  It was recommended that the applicant write to the Adjutant General of the Army for a copy of the orders.

A 7 August 1972 memorandum to the applicant from the Office of The Adjutant General provided orders, citations, and certificates for awards listed on his DD Form 214.  The memorandum was silent on the subject of a Purple Heart.

On 13 September 1983, the applicant completed a medical history prescreening form for reenlistment in the Army Reserve.  The only hospitalizations or injuries he listed were for a ruptured navel at age one and a broken shoulder in 1982.  His 17 September 1983 Report of Medical History shows that he was hospitalized for a broken collar bone at age 31.  Neither document makes mention of a wound or injury as a result of enemy action in Vietnam.

A review of the historical files at the National Archives shows that General Order Number 7596 awarded an Air Medal to an officer on 1 July 1971.  Additionally, the applicant is not listed on the Vietnam Casualty Roster.

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 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.  Notwithstanding the 1 March 1972 letter from his former unit concerning a Purple Heart General Order, there is no credible evidence of record, or evidence provided by the applicant, to show that he was wounded or injured as a result of enemy action, that he was treated for a wound or injury, or that he was entitled to an award of the Purple Heart.

2.  None of the medical evidence of record indicates that the applicant was treated for a wound or injury while in Vietnam or that there was evidence of residuals of a wound or injury as a result of enemy action.

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

_dph____  _inw____  _hof____   DENY APPLICATION

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

INDEX

CASE ID	AR2001060678	
SUFFIX		
RECON		
DATE BOARDED	20020115	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.