MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           20 JUNE 2002                   
	DOCKET NUMBER:   AR2002067182

	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. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Roger W. Able		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:  Award of the Purple Heart.

APPLICANT STATES:  He sustained multiple shrapnel wounds "all over [his] body" when his helicopter was hit by enemy fire between 25 September 1964 and 1 October 1964.  He states that he was treated at a field hospital where he was presented the Purple Heart.  He states that the Purple Heart was not entered on his records and he needs the award for VA benefits.  In support of his request he submits documentation of an Air Medal (first oak leaf cluster), which was awarded to him for meritorious achievement during the period 25 September 1964 to 1 October 1964.

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

He entered active duty on 6 August 1956 and in August 1964 was assigned to Vietnam as a crew chief with the 68th Aviation Company.  In January 1965 he was awarded his second Air Medal, which recognized his meritorious achievement "while participating in sustained aerial flight in support of combat ground forces" during the period 25 September 1964 to 1 October 1964.  Orders published by the United States Army Support Command, Vietnam confirmed the award.  The applicant's 1967 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), however, incorrectly lists only one award of the Air Medal.

There is no indication in the Air Medal award citation that the applicant was wounded during the period for which he was awarded the Air Medal.

In March 1965 the applicant was reassigned to the 197th Aviation Company in Vietnam and in May 1965 was transferred to the 82nd Aviation Battalion where he remained until August 1965 when he returned to the United States.

The applicant was honorably discharged from active duty on 19 October 1967.  There is no indication in available records that he was ever awarded the Purple Heart.  His name is not on the Vietnam Casualty List and his separation physical examination, completed in September 1967, makes no mention of any wounds, or scars, received as a result of hostile action.  Item 40 (wounds) on the applicant's DA Form 20 (enlisted qualification record), which he last authenticated in October 1966, is blank.

Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for wounds 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.

By virtue of the applicant's tour of duty in Vietnam he is entitled to two bronze service stars on the Armed Forces Expeditionary Medal listed on his 1967 separation document, and a Meritorious Unit Commendation.

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.  There is no evidence, and the applicant has not provided any which confirms he was wounded as a result of hostile action while in Vietnam and as such there is no basis for award of the Purple Heart.

2.  The applicant's award of the Air Medal during the period he contends he was wounded contains no evidence which would serve as a basis to award him 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 that 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:  Officials at the ARBA Support Division in St. Louis are requested to administratively correct the applicant’s separation document to reflect award of a two Air Medals, a Meritorious Unit Commendation, and two bronze service stars on his Armed Forces Expeditionary Medal.

 BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__RVO__  __RWA__  __JTM __  DENY APPLICATION

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

INDEX

CASE ID	AR2002067182	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020620	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.