MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:           09 MAY 2002                   
	DOCKET NUMBER:   AR2002069424

	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:

	Ms. Joann H. Langston 		Chairperson	
	Mr. John N. Slone		Member	
	Ms. Terry L. Placek		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 a concussion as a result of a mortar blast while in Vietnam and has since suffered from chronic migraine headaches.  He states that his service-connected disability rating from the VA is 50 percent.  He submits no evidence in support of his request.

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

He served on active duty between 19 June 1967 and 18 June 1969.  He was a member of the 3rd Battalion, 187th Infantry, in December 1967, when the unit was reassigned to Vietnam.  The applicant returned to the United States in November 1968.  While in Vietnam the applicant performed duties as a cook, was awarded the Vietnam Service Medal, and would have participated in four designated campaign periods.

Item 40 (wounds) on his DA Form 20 (Enlisted Qualification Record) is blank.  There were no medical records available to Board and the applicant is not listed on the Vietnam Casualty List.

In 1979, subsequent to the applicant's separation from active duty, he submitted an original claim for disability compensation from the VA.  In that application, it was noted that the applicant reported being treated for headaches and fever in 1968 and 1969.  It makes no mention of treatment for any concussion injuries resulting from hostile action.

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 assignment in Vietnam he is entitled to four bronze service stars on his Vietnam Service Medal, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation, a Presidential Unit Citation, Valorous Unit Award 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.  As such there is no basis for an award of the Purple Heart.
2.  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.

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.

NOTE:  Officials at the ARBA Support Division in St. Louis are requested to administratively correct the applicant’s separation document to reflect entitlement to four bronze service stars on his Vietnam Service Medal, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation, a Presidential Unit Citation, Valorous Unit Award and a Meritorious Unit Commendation.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__JHL___  __JNS __  __TLP __  DENY APPLICATION

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

INDEX

CASE ID	AR2002069424	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020509	
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.