MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           4 June 2002        
	DOCKET NUMBER:   AR2002067080

	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:

	Ms. Jennifer L. Prater		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Ms. Regan K. Smith		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, award of the Purple Heart and disability compensation for Post Traumatic Stress Disorder (PTSD).

APPLICANT STATES:  That he was wounded on 1 May 1968 in Vietnam.  He also contends, in effect, that he is entitled to disability compensation for PTSD.  In support of his application, he submits a copy of his DD Form 214 (Report of Transfer or Discharge); an undated Department of Veterans Affairs (DVA) letter granting service-connected disability compensation for PTSD at 100 percent; a DVA Rating Decision, dated 11 December 2000; an undated DVA letter granting service-connected disability compensation for PTSD at 70 percent; orders for the Combat Infantryman Badge; and two eyewitness statements, dated 22 February 2002 and 10 February 2002. 

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

The applicant was inducted on 18 August 1967.  He served as an armor intelligence specialist in Vietnam from 13 February 1968 through 12 February 1969 and was honorably released on 15 August 1969.

The applicant’s DD Form 214, which was authenticated in his own hand, does not show the Purple Heart as an authorized award.

In support of his claim for the Purple Heart, the applicant provided two eyewitness statements, dated 22 February 2002 and 10 February 2002.  These statements attest that the applicant was wounded in action on 1 May 1968 in Vietnam.   

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

Item 40 (Wounds) on the applicant’s DA Form 20 (Enlisted Qualification Record) is blank.  Item 41 (Awards and Decorations) on his DA Form 20 does not show entitlement to the Purple Heart.  The applicant’s name does not appear on the Vietnam Casualty Roster.

In support of his claim for disability compensation, the applicant provided DVA documentation which shows he was granted service-connection disability compensation for PTSD at 100 percent effective 3 October 1997. 

The available records do not contain the applicant’s separation physical examination prior to his separation on 15 August 1969.

The available records fail to show the applicant was diagnosed with PTSD prior to his separation on 15 August 1969.  There is no evidence in the available records that the applicant had any medical condition prior to his separation. 

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.

Title 10, United States Code, chapter 61, provides disability retirement or separation for a member who is physically unfit to perform the duties of his office, rank, grade or rating because of disability incurred while entitled to basic pay.

Army Regulation 40-501, at paragraph 3-3a, provided, in pertinent part, that performance of duty despite an impairment would be considered presumptive evidence of physical fitness.

Army Regulation 635-40, paragraph 2-2b, as amended, provides that when a member is being separated by reason other than physical disability, his continued performance of duty creates a presumption of fitness which can be overcome only by clear and convincing evidence that he was unable to perform his duties or that acute grave illness or injury or other deterioration of physical condition, occurring immediately prior to or coincident with separation, rendered the member unfit.

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 in action on 1 May 1968 in Vietnam.  However, there is no evidence of record which shows that he was wounded or treated for wounds due to hostile action.

2.  The Board also considered the two eyewitness statements provided in support of the applicant’s claim for the Purple Heart.  However, these statements made over 34 years after the fact are not sufficient by themselves 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 that there is insufficient evidence on which to base award of the Purple Heart in this case.

3.  The Board considered the applicant’s contention that he is entitled to disability compensation for PTSD.  However, there is no medical evidence of record, and the applicant has provided no medical evidence, which shows that he was diagnosed with PTSD prior to his separation from active duty on 15 September 1969.  Therefore, there is no basis for granting the applicant’s request for disability compensation.

4.  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.

5.  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

JLP____  AAO_____  RKS_____  DENY APPLICATION

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

INDEX

CASE ID	AR2002067080	
SUFFIX		
RECON		
DATE BOARDED	20020604	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.	108.0000	
3.		
4.		
5.		
6.