MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           27 August 2002                   
	DOCKET NUMBER:   AR2002072641

	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:

	Ms. Irene N. Wheelwright 		Chairperson	
	Mr. Arthur A. Omartian 		Member	
	Mr. Thomas Lanyi 		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.  

The applicant’s request for award of the Medal of Honor, the Soldier’s Medal, the Legion of Merit and the Distinguished Service Medal was addressed by separate correspondence.  Therefore, these issues will not be discussed further in this Memorandum of Consideration.   

APPLICANT STATES:  In effect, that his military records contain letters of appreciation for jobs well done and that these letters were from high ranking officers.  He contends that he deserves these medals for the suffering that he went through while he was in the service and for the suffering that he will continue to go through because of his service-connected disabilities.  In support of his application, he submits a letter of explanation, dated 21 March 2002; a letter, dated 12 February 2002, from a Veterans Service Officer in Fayetteville, Arkansas; a Statement in Support of Claim, dated 16 February 2002; a Certification of Military Service; a DD Form 214 with an effective date of 
18 November 1976; separation orders, dated 25 March 1980, from the Ready Reserve; and a DD Form 214 with an effective date of 16 November 1979.   

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

The applicant entered active duty on 30 November 1973 for a period of 3 years.  He served as a combat engineer in Germany and was honorably discharged on 18 November 1976.  The applicant reenlisted on 19 November 1976 for a period of 3 years.  On 16 November 1979, the applicant was separated with a general discharge for completion of required service. 

The applicant’s DD Forms 214, which were authenticated in his own hand, do 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.

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.  There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he was wounded as a result of hostile action.  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

INW____  AAO_____  TL______  DENY APPLICATION

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

INDEX

CASE ID	AR2002072641	
SUFFIX		
RECON		
DATE BOARDED	20020827	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.