MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            29 January 2002                  
	DOCKET NUMBER:    AR2001061723

	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. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian 		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Ms. Karen A. Heinz		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 in January 1971, he received a burn wound to his right hand, while setting up trip-flares and being shot at by a North Vietnamese sniper, and was never awarded the Purple Heart.  He also states that he was in the field for 4 days with his injury and was taken by helicopter, to Hawk Hill, for further medical treatment at the battalion medic station.  In support of his application, he submits a copy of his DD Form 214 (Report of Transfer or Discharge) and a copy of his Standard Form 600 (Chronological Record of Medical Care).

EVIDENCE OF RECORD:  The applicant's military records show he was inducted on 25 November 1969, as an infantry operations and intelligence specialist (11F).  He served in Vietnam from 14 November 1970 to 23 August 1971, and was released from active duty on 24 August 1971.

His discharge document does not show the Purple Heart as an authorized award.

There are no orders in the applicant’s service personnel records which show that he was awarded the Purple Heart.  There also is no evidence in his records that shows he was wounded or treated for wounds as a result of hostile action.

His DA Form 20 (Enlisted Qualification Record) does not show any entry in item 40 (Wounds) or list the Purple Heart in item 41 (Awards and Decorations).

The applicant’s medical records are unavailable for review by this Board.

The applicant provided a copy of a Chronological Record of Medical Care, dated 31 January and 1 February 1971, which shows that he received a partial thickness burn to the palm of his right hand. 

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 applicant’s name did not appear on the Vietnam Casualty Roster for a wound during the time frame of November 1970 to August 1971.

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 notes the applicant’s contention that in January 1971, he received a burn wound to his right hand while setting up trip-flares and being shot at by a North Vietnamese sniper. The Board also notes the medical evidence provided by the applicant which shows that he received a partial thickness burn to the palm of his right hand; however, this evidence failed to show that his injury was the result of hostile action.  The Board considered the applicant’s statement in support of his claim; however, this statement is not sufficient by itself as a basis for award of the Purple Heart.

2.  There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he was injured or wounded due to hostile action during Vietnam.  Therefore, the applicant is not entitled to award 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

_aao____  _mhm____  _kah____ DENY APPLICATION

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

INDEX

CASE ID	AR2001061723	
SUFFIX		
RECON		
DATE BOARDED	20020129	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19710824	
DISCHARGE AUTHORITY	AR635-200	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  	61	
2.		
3.		
4.		
5.		
6.