MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            24 April 2003
	DOCKET NUMBER:   AR2003083730

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Raymond V. O’Connor Jr.		Chairperson	
	Ms. Terry L. Placek		Member	
	Mr. Robert Duecaster		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:  That he be awarded the Purple Heart.

APPLICANT STATES:  In effect, that he was injured in Vietnam on 21 May 1965, when enemy soldiers fired at the jeep he was riding in and caused it to overturn.  He goes on to state that he was treated by medical personnel for a fractured back, left ankle and a neck condition.  He further states that he is receiving 50% disability compensation from the Department of Veterans Affairs (VA) for these injuries and needs the Purple Heart that he earned to receive additional compensation to qualify for special pay from the VA.  In support of his application he submits copies of documents showing his claim for disabilities to and from the VA.

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

He enlisted in the Regular Army on 1 September 1954 and continued to serve as a medical specialist through a series of continuous reenlistments.  He was promoted to the pay grade of E-7 on 8 October 1968.

His records show that he served in Vietnam from 30 November 1964 to 29 November 1965, from 10 September 1966 to 9 September 1967 and from 5 May 1970 to 14 February 1971.

The applicant's medical records are not present in the available records for review.  However, his personnel records show no indication of his being wounded or injured as a result of enemy action during any of his three tours in Vietnam.  His Report of Medical History (SF 93), prepared at the time of his retirement indicates that he had problems with three vertebrae, gout, and high blood pressure. 

On 31 August 1974, he was honorably released from active duty and was transferred to the Retired List effective 1 September 1974.  He had served 20 years and 16 days of total active service.

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 a result of hostile action, that the wound must have required treatment by a medical officer, and that the medical treatment was 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.  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.

2.  The evidence of record fails to show that the applicant was wounded/injured as a result of enemy action; therefore, there is no basis for the Board to award him the Purple Heart.

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

___tlp___  ___rld ___  ___rvo __  DENY APPLICATION

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

INDEX

CASE ID	AR2003083730	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2003/04/24	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  51	107.0015/PH	
2.		
3.		
4.		
5.		
6.