MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           14 November 2002
	DOCKET NUMBER:   AR2002070541

	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:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. John P. Infante		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:  Correction of his military records to show award of the Purple Heart.

APPLICANT STATES:  That he was wounded in Vietnam in July 1968.

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

The applicant enlisted on 23 May 1967 for a period of 3 years.  He served as an infantryman in Vietnam from 4 December 1967 through 29 November 1968 and was honorably discharged on 24 March 1969 for immediate reenlistment.  The applicant reenlisted on 25 March 1969 for a period of 4 years.  He served as a light weapons infantryman in the Canal Zone and Germany and was honorably discharged on 14 March 1973.   

The available records do not contain a DD Form 214 (Report of Transfer or Discharge) for the applicant’s period of service from 23 May 1967 through 
24 March 1969.  However, his records do contain a Certification of Military Service for this time frame which was issued on 15 May 1998.

The applicant’s DD Form 214 which covers his period of service from 25 March 1969 through 14 March 1973 does not show the Purple Heart as an authorized award.

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

His DA Form 20 (Enlisted Qualification Record) does not reflect entitlement to the Purple Heart and item 40 (Wounds) on his DA Form 20 is blank.  

The applicant’s name does not appear on the Vietnam Casualty Roster.

The historical files of A Troop, 17th Cavalry, 101st Airborne Division located at the National Archives in College Park, Maryland, failed to identify the applicant as being entitled to award of the Purple Heart.
  
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.

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 Vietnam in July 1968.  However, there is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he was wounded or treated for wounds sustained as a result of hostile action in Vietnam. Therefore, the Board determined that there is insufficient evidence on which to base award of the Purple Heart in this case.

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 this 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.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

AAO___  JPI_____  RKS_____  DENY APPLICATION

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

INDEX

CASE ID	AR2002070541	
SUFFIX		
RECON		
DATE BOARDED	20021114	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.