MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:            24 OCTOBER 2002                  
	DOCKET NUMBER:   AR2002069315

	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. Gale J. Thomas		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor, Jr.		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Ms. Karen A. Heinz		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 his records be corrected by showing he was awarded the Purple Heart and the Silver Star Medal.

APPLICANT STATES:  That he is entitled to the Purple Heart for shrapnel wounds he received while stationed in Vietnam, and that he should receive the Silver Star Medal that was awarded to him in Vietnam and presented at a ceremony at Fort Wainwright, Alaska.  In support of his request the applicant submits his Department of Veterans Affairs rating decision, and letters of support from two individuals who served with him in Vietnam.  

The applicant has not exhausted his administrative remedies concerning the award of the Silver Star, and therefore that part of his request will not addressed. The 1996 Defense Authorization Act established a provision whereby upon request by a Member of Congress the Secretary of the Army can review proposals for awards, or the upgrading of a decoration, that would not otherwise be authorized due to limitations established by law or policy for timely submission of a recommendation for such an award.  The applicant should contact his congressional representative, provide him with the details of his actions including any supporting statements, and then have his representative initiate an appropriate award recommendation.  The Awards Branch of the Total Army Personnel Command (PERSCOM) would be the agency designated by the Secretary of the Army to review new award recommendations initiated under this provision of the law.

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

The applicant enlisted in the Regular Army on 29 September 1966 for a period of 3 years.  He served in Vietnam from October 1967 to October 1968.

The applicant’s separation medical examination administered on 28 August 1969, indicates he was qualified for separation and makes no mention of wounds or defects. 

The applicant’s DA From 20 (Enlisted Qualification Record) has no annotation in item 40 (Wounds), and was authenticated by the applicant on 19 August 1969. 

On 28 August 1969, the applicant separated in the pay grade of E-4, under the provisions of Army Regular 635-200, and transferred to the U.S. Army Reserve.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) indicates he had 2 years and 11 months of creditable service.   

On 28 June 2000, the Department of Veterans Affairs awarded the applicant a 
50 percent disability rating for post traumatic stress disorder, and denied several other conditions presented by the applicant to include shrapnel fragment wounds. 

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.

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 was separated from active duty and transferred to the Army Reserve in pay grade E-4 on 28 August 1969.  Neither his DD Form 214 nor his DA Form 20 list the Purple Heart as an authorized award.  The DA Form 20 was authenticated with his signature in August 1969 and the DD Form 214 on the date of separation.

2.  There is insufficient evidence to support an award of the Purple Heart.

3.  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__  __BJE _ _  __KAH __  DENY APPLICATION

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

INDEX

CASE ID	AR2002069315	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20021024	
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.