MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  7 February 2002
	DOCKET NUMBER:  AR2001062170

	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:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Lester Echols		Member	
	Ms. Margaret K. Patterson		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 he be awarded the Purple Heart.

APPLICANT STATES:  That he had shrapnel injuries to his jaw and neck.  He submits a statement from a former fellow soldier and a Department of Veterans Affairs (DVA) examination report in support of his application.

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

The applicant enlisted and entered active duty on 1 February 1968.  After completion of training as an engineer equipment mechanic he was assigned to Germany.  He later served in Vietnam from 31 January through 15 December 1970.  He was separated from active duty in the pay grade of E-5 effective 16 December 1970.

The applicant’s DD Form 214 (Report of Transfer or Discharge), which he authenticated with his signature, does not list the Purple Heart as an authorized award.  His DA Form 20 (Qualification Record) lists no wounds in block 40 (Wounds) or the Purple Heart in block 41 (Awards and Decorations).  There are no military medical records available for review.

Based on the applicant’s Vietnam service he is entitled to have three bronze service stars added to his Vietnam Service Medal.  He is also entitled to the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation that was awarded to his unit during his service in Vietnam.

The statement provided by the former fellow soldier states that he was with the applicant in August or September 1970, when their motor pool was struck by enemy mortar fire.  He makes no mention that either of them was wounded or injured as a result of this enemy action.

A DVA Compensation and Pension Exam Report, dated 23 October 1997, states that the applicant reported a history of shrapnel wounds to the left cheek and neck.  The exam report noted evidence of a panographic radiograph, which showed radiodense areas of the left cheek.

The applicant’s name 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.  A careful review of the applicant’s available records fail to support his contention that he was wounded in combat while in Vietnam and entitled to an award of the Purple Heart.

2.  The statement from the former fellow soldier provides no credible evidence to support the applicant’s contention that enemy mortar shrapnel wounded him.  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 a record of treatment.

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.

NOTE:  The Army Review Boards Agency Support Division will be asked to administratively correct the applicant’s records to show his entitlement to three bronze service stars for the Vietnam Service Medal and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__fe___  ___le___  ___mp_____  DENY APPLICATION

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

INDEX

CASE ID	AR2001062170	
SUFFIX		
RECON		
DATE BOARDED	20020207	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.