MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:           11 July 2002                  
	DOCKET NUMBER:   AR2002066779

	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. W. W. Osborn, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Ted S. Kanamine		Chairperson	
	Mr. John T. Meixell		Member	
	Mr. Harry B. Oberg		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:  He states that his medical records were lost before he returned to the United States.  This deprived him of the Purple Heart.  He was injured when the recoil of an artillery piece hit him in the hip and caused him trouble in walking.  He sustained 1st, 2nd and 3rd degree burns and a groin injury that caused him to be sterile.  He was on a raid with C Battery, 2nd Battalion, 320th Artillery when they were over-run.  He broke his small fingers while returning fire. While serving in Korea, he re-injured his back and was unable to walk.  He was hospitalized at the 121st Evacuation Hospital.  He cites 9 April 1969 as the date of discovery and believes the Board should consider the merits of his case because this is not the first time he has addressed this issue.  He believes that a search of his official records will show that he was hospitalized and treated for injuries sustained in combat.

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

The applicant retired on 30 June 1986, as a first sergeant with 20 years of continuous active duty.  He served in Vietnam as a cannoneer from April 1968 to April 1969.  

Block 9 (Awards, Decorations and Campaigns) of his DA Form 2-1 (Personnel Qualification Record) does not list the Purple Heart and neither does Block 13 Decorations, Medals, Badges and Campaign Ribbons) of his DD Form 214 (Certificate of Release or Discharge from Active Duty).

There are no available medical records.  The applicant's name does not appear on the Vietnam casualty list.

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.

Army Regulation 600-200, Enlisted Personnel Management System, sets forth, in pertinent part, the provisions for the promotion of enlisted personnel.  Awards are included among those factors that determine an individual's promotion point score. 

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 applicant's contentions have been noted; however, there is no substantiating evidence to show that the applicant was treated for a wound or injury sustained as the result of enemy action.

2.  As a career soldier facing promotion consideration on a recurring basis the applicant had a significant interest in establishing his entitlement to award(s) of the Purple Heart, yet there is no evidence of record that he did so.

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

__tsk____  __jtm ___  __hbo___  DENY APPLICATION

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

INDEX

CASE ID	AR2002066779	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020711	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	.  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.