MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           27 JUNE 2002                   
	DOCKET NUMBER:   AR2002070593

	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. Irene N. Wheelwright		Chairperson	
	Ms. Kathleen A. Newman		Member	
	Mr. Richard T. Dunbar		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 was wounded in combat while in Vietnam.  He states that he has the "original records stating that information" but never "turned those records [over] to the military."  In support of his request he submits copies of two 1969 medical treatment forms noting consultation regarding his inability to see following a "frag wound" to his cheek.

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

He entered active duty on 6 June 1968.  While undergoing training at Fort Jackson, South Carolina, he was awarded a Marksmanship Qualification Badge with "Machinegun" bar, which was omitted from his separation document.

The applicant was assigned to Vietnam in November 1968.  The medical documents he submits in support of his request indicates that he was seen by medical personnel on 13 and 14 June 1969 concerning his claim for loss of vision in his right eye, which he attributed to a "frag wound."  The medical document does not confirm the fragment wound, nor attribute the applicant's condition to hostile action.  The applicant's name is not listed on the Vietnam Casualty List and item 40 (wounds) on his DA Form 20 (enlisted qualification report) is blank.  No additional medical documents were in records available to the Board.

Prior to departing Vietnam in November 1969, the applicant was awarded an Army Commendation Medal.  The award was confirmed in orders issued by the Americal Division, but was omitted from his separation document.

The applicant was released from active duty on 5 June 1970.

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 the Republic of Vietnam Gallantry Cross Unit Citation with Palm and four bronze service stars on his Vietnam Service Medal denoting participation in four designated campaign periods (Vietnam Counteroffensive-Phase VI, Tet 69 Counteroffensive-1969, Vietnam Summer-Fall-1969, and Vietnam Winter-Spring-1970).

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 insufficient evidence to confirm that the applicant was wounded as a result of hostile action.  The Board notes that the evidence submitted by the applicant does not confirm that he sustained a fragment wound or if such a wound was the result of hostile action.  As such, the Board concludes 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 award of Marksmanship Qualification Badge with "Machinegun" bar, an Army Commendation Medal, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, and four bronze service stars on his Vietnam Service Medal.

BOARD VOTE:

__        __  __       __  __         __  GRANT

________  ________  ________  GRANT FORMAL HEARING

__INW___  __KAN__  __RTD __  DENY APPLICATION

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

INDEX

CASE ID	AR2002070593	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020627	
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.