MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  23 July 2002
	DOCKET NUMBER:  AR2002068200

	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. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Ms. Jennifer L. Prater		Chairperson	
	Ms. Gail J. Wire		Member	
	Mr. Hubert O. Fry		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:  As the son of the former service member (FSM), correction of his father’s DD Form 214 (Report of Separation from Active Duty), dated, 25 January 1972, to show that he was awarded the Purple Heart.

APPLICANT STATES:  That due to an oversight, his father was not awarded the Purple Heart due to wounds sustained in Vietnam.  He was wounded on 2 July 1968, during a rocket propelled grenade (RPG) attack by the North Vietnamese.  In support of his application, the son submits copies of:  his father’s DA Form 735 (Health Record – Abstract of Service); Standard Form 600 (Chronological Record of Medical Care); DD Form 214; and a letter of authorization to act on his father’s behalf.

EVIDENCE OF RECORD:  The FSM’s military records show he enlisted on 21 December 1959, with prior military service.  He served in Vietnam from 22 January 1968 to 14 January 1969.  He continued to serve until he was placed on the Army of the United States Retired List on 1 April 1976, in the pay grade of E-7/SFC.

The FSM’s discharge document does not show the Purple Heart as an authorized award.

There are no orders in the FSM’s service personnel records which show that he was awarded the Purple Heart.  There also is no evidence in his records that shows he was wounded or treated for wounds as a result of hostile action.

The FSM’s DA Form 20 (Enlisted Qualification Record) does not show any entry in item 40 (Wounds) or list the Purple Heart in item 41 (Awards and Decorations).

The FSM’s medical records are unavailable for review by this Board.

The applicant provided a copy of a DA Form 735, which shows that the FSM was seen at a medical dispensary while serving in Vietnam.  He also provided a copy
of a Standard Form 600, dated 2 July 1969, which shows that the FSM cut his finger on his right hand.  There is no indication to show that his injury was the result of hostile action. 

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, and the medical treatment
must have been made a matter of official record.

The FSM’s name did not appear on the Vietnam Casualty List for a wound received on 2 July 1968.

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 notes the Standard Form 600, dated 2 July 1968, which shows that the FSM cut his finger on his right hand.  However, this document failed to show that his injury was the result of hostile action.

2.  There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that the FSM was injured or wounded due to hostile action during Vietnam.  Therefore, there is insufficient evidence to show that the FSM is entitled to an award of 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 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

__jp___  __gw___  ___hf___  DENY APPLICATION

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

INDEX

CASE ID	AR2002068200	
SUFFIX		
RECON		
DATE BOARDED	20020723	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19760331	
DISCHARGE AUTHORITY	AR 635-200  C, 12	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  61	61	
2.		
3.		
4.		
5.		
6.