MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            13 December 2001
	DOCKET NUMBER:   AR2001060792

	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. P. A. Castle		Analyst	

The following members, a quorum, were present:

	Mr. Samuel A. Crumpler		Chairperson	
	Mr. Mark D. Manning		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:  The applicant requests that his military records be corrected to reflect award of the Purple Heart.

APPLICANT STATES:  In effect, that it was not until recently that he was able to obtain evidence to substantiate he was wounded while serving in Vietnam.  He states that his injury was not noted in his medical records but he was treated by a medic.

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

The applicant enlisted for Officer Candidate School (OCS) on 23 January 1969 with a Bachelor of Arts Degree and a General Test Score (GT) of 138.  On        26 June 1969, he was promoted to the grade of E5 and selected to attend OCS.  On 20 August 1969, he was reduced to the grade of E2 and relieved from OCS for lack of motivation.  It was not until 3 May 1970 that the applicant regained the grade of E5.

The applicant subsequently went through “Pioneer” schooling and was then assigned to Vietnam in February 1970.  The applicant returned from Vietnam on 29 September 1970 and was discharged on 3 October 1970.  He had 1 year,      8 mos, and 11 days, of active duty service during this period.

In support of his request the applicant submits an undated letter from a now retired first sergeant who states he was witness to the applicant being wounded in the leg by shrapnel while conducting a mine sweep south of the fire support base.  He was a part of Company C, 26th Engineers at the time.

Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against any enemy or 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.  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 that requirement.

2.  The statements of individuals are inadequate as the sole basis for an award of the Purple Heart because they do not fulfill the regulatory requirement that there be a record of medical treatment.  However, they are normally accepted as a substantiation of the combat or the enemy origin of a wound for which there is record of treatment.

3.  The overall merits of the case, including the latest submissions and arguments are insufficient for the Board to grant relief.

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

___sac__  ___mdm_  __rks ___  DENY APPLICATION

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

INDEX

CASE ID	AR2001060792	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/12/13	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  61	107.0015/ph	
2.  		
3.  		
4.  		
5.  		
6.