MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            23 July 2002
	DOCKET NUMBER:   AR2002073702

	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	
	Mr. Hubert S. Shaw, J.		Analyst	

  The following members, a quorum, were present:

	Ms. Jennifer L. Prater		Chairperson	
	Mr. Hubert O. Fry		Member	
	Ms. Gail J. Wire		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:  That he was never put in for the Purple Heart.  In support of his application, the applicant submitted a picture of a soldier with his right and left hands in white bandages and a Standard Form 600 (Chronological Record of Medical Care).  

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

The applicant was inducted on 17 November 1966 and completed training as an indirect fire crewman.  Records show that he served in Vietnam from 30 April 1967 through 22 April 1968.  The applicant was honorably separated from active duty on 15 November 1968.

The applicant’s DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), which is authenticated in his own hand, does not show the Purple Heart as an authorized award.

There are no orders in the applicant’s service personnel records which show that he was awarded the Purple Heart.  There also is no evidence in his records that he was wounded or treated for wounds as a result of hostile action.  His DA Form 20 (Enlisted Qualification Record) does not show any entry in item 40 (Wounds) or list the Purple Heart in item 41 (Awards and Decorations).  The applicant’s name is not listed on the Vietnam Casualty Roster.

The applicant submitted a picture purportedly of himself with his hands bandaged.  The applicant also submitted a medical record with his name and service number which shows that he was treated on 27 July 1967 for burns on both hands and buttocks.  There is no indication that these burns resulted from hostile action.

Army Regulation 600-8-22 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 which shows that the applicant was awarded the Purple Heart.  There also is no evidence that the applicant was wounded or treated for wounds as a result of hostile action.  
2.  The Board reviewed the picture and the medical record submitted by the applicant.  However, neither document shows that the applicant was wounded as a result of hostile action.  Therefore, these documents are not sufficient by themselves as a basis for award of the Purple Heart, particularly in view of all the Army records which show that he was not wounded or injured as result of hostile action.

3.  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 either requirement.

4.  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

__HOF__  __GJW__  ___JLP__  DENY APPLICATION

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

INDEX

CASE ID	AR2002073702	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020723	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY	MR CHUN 	
ISSUES         1.	107.0015.0000	
2.		
3.		
4.		
5.		
6.