MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           10 October 2001                  
	DOCKET NUMBER:   AR2001060878

	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. Luther L. Santiful 		Chairperson	
	Mr. Charles Gainor 		Member	
	Mr. Joe R. Schroeder 		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:  In effect, two additional awards of the Purple Heart.

APPLICANT STATES:  That he was wounded in combat four times instead of two times as documented on his discharge document.  In support of his application, he submits a copy of his DD Form 214 (Report of Transfer or Discharge); a DD Form 215 (Correction to DD Form 214); and a copy of his DA Form 20 (Enlisted Qualification Record).

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

The applicant was inducted on 16 March 1970.  He served as a light weapons infantryman in Vietnam from 5 August 1970 through 25 June 1971 and was honorably released on 15 November 1971.

The applicant’s DD Form 214 does not show any award of the Purple Heart as an authorized award.

25th Infantry Division General Orders Number 9506, dated 11 September 1970, show the applicant was awarded the Purple Heart for wounds received in action on 4 September 1970 in Vietnam.

85th Evacuation Hospital General Orders Number 127, dated 15 June 1971, show the applicant was awarded the Purple Heart (2nd Award) for wounds received in action on 14 June 1971 in Vietnam. 

A DD Form 215, prepared on 28 June 2001, amended the applicant’s DD Form 214 to show award of the Purple Heart with First Oak Leaf Cluster.

There is no evidence in the available records which shows the applicant was injured or wounded two more times as a result of hostile action in Vietnam.

Item 40 (Wounds) on the applicant’s DA Form 20 shows that he was wounded on 4 September 1970 and on 14 June 1971.  The applicant’s name appears twice on the Vietnam Casualty Roster, for wounds sustained on 4 September 1970 and on 14 June 1971.

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, and the medical treatment must have been made a matter of official record. The bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart.

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 considered the applicant’s contention that he was wounded four times in combat in Vietnam.  However, evidence of record shows the applicant received two awards of the Purple Heart for wounds sustained on 4 September 1970 and on 14 June 1971 as a result of hostile action in Vietnam.  

2.  There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he was wounded two more times as a result of hostile action in Vietnam.  Therefore, the applicant is not entitled to two additional awards 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

LLS____  CG______  JRS_____  DENY APPLICATION

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

INDEX

CASE ID	AR2001060878	
SUFFIX		
RECON		
DATE BOARDED	20011010	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	 	
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.