MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           28 February 2002   
	DOCKET NUMBER:   AR2001066055

	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. Raymond V. O’Connor		Chairperson	
	Ms. Celia L. Adolphi		Member	
	Mr. John T. Meixell		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:  Correction of his military records to show award of the Purple Heart.

APPLICANT STATES:  That he was wounded during the Tet Offensive in Vietnam and was treated by a medic; however, there is no mention of this in his records.  In support of his application, he submits an undated letter of explanation; an X-Ray Report, dated 13 March 1968; an eyewitness statement, dated 21 October 2000; a letter, dated 18 October 2001; from the applicant to the Review Board Agency in St. Louis, Missouri; and a VA Rating Decision, dated 
10 October 2001.      

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

The applicant’s military records show that he enlisted in the U.S. Army Reserve on 26 February 1966 and was ordered to active duty on 7 August 1966.  He served as a radio operator in Vietnam from 10 March 1967 through 9 March 1968 and was released from active duty on 6 August 1968.

The applicant’s DD Form 214 (Report of Transfer or Discharge), which was authenticated in his own hand, does not show the Purple Heart as an authorized award.  

There is no evidence in the applicant’s service personnel records that he was awarded the Purple Heart or was wounded as a result of hostile action.

His DA Form 20 (Enlisted Qualification Record) does not show entitlement to the Purple Heart and item 40 (Wounds) on his DA Form 20 is blank.  The applicant’s name does not appear on the Vietnam Casualty Roster.

The applicant provided an eyewitness statement, dated 21 October 2000, from a fellow soldier attesting that the applicant sustained a head wound in February 1968 during a fire fight in Vietnam.  

The applicant provided an X-Ray Report, dated 13 March 1968, from a civilian physician which shows the entry, “Metallic foreign body in the scalp over the left frontal area.  Approximately 2 x 3 mm. in size.  No other unusual findings.”  However, there is no evidence that this foreign body was the result of hostile action.

The applicant also provided a VA Rating Decision, dated 10 October 2001, which shows service connection for metallic foreign body left frontal area due to blast was established as directly related to military service.  This condition is evaluated as 0 percent disabling in the absence of evidence showing residual disability. 

Army Regulation 600-8-22 (Military Awards) 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.

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 during the Tet Offensive in Vietnam and was treated by a medic.  The Board also considered the X-Ray Report and the VA documentation provided in support of the applicant’s claim for award of the Purple Heart.  However, there is no evidence of record which shows that the applicant was wounded or treated for wounds due to hostile action in Vietnam.

2.  The applicant signed his DD Form 214 on 6 August 1968 attesting to the fact that he was not entitled to award of the Purple Heart.

3.  The preponderance of evidence in this case shows the applicant was not wounded or otherwise eligible for award of the Purple Heart. 

4.  The Board considered the eyewitness statement provided in support of the applicant’s claim for award of the Purple Heart.  However, this statement made over 32 years after the fact is not sufficient by itself as a basis for award of the Purple Heart in view of evidence of record which shows the applicant was not wounded.  Therefore, the Board determined there is insufficient evidence on which to base award of the Purple Heart in this case.     

5.  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.
  
6.  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

RVO____  CLA_____  JTM____  DENY APPLICATION

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

INDEX

CASE ID	AR2001066055	
SUFFIX		
RECON		
DATE BOARDED	20020228	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	  	
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.