MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            17 July 2003
	DOCKET NUMBER:   AR2003085425

	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. Gerard W. Schwartz		Analyst	

  The following members, a quorum, were present:

	Ms. Joan Langston		Chairperson	
	Mr. John T. Meixell		Member	
	Mr. 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:  Award of the Purple Heart for wounds sustained during his service in Vietnam.

APPLICANT STATES:  He was awarded the Purple Heart in Vietnam and it is not annotated on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  In support of his application, he submits a statement, DD Form 214 and medical treatment records.

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

The applicant entered active duty on 8 September 1964.  The records show he completed training in Military Occupation Specialty (MOS) Hercules Missile Crewman.  He served in Vietnam from 6 April 1971 to 22 February 1972 in the 1st Battalion, 44th Artillery and 5th Battalion, 42nd Artillery. The applicant continued to serve until he retired from active duty on 30 September 1984 with a characterization of service of honorable.  His highest grade achieved was E-8.

The applicant's records contains several DD Forms 214.  The DD Form 214 with an effective date of 15 March 1979 covers the applicant's service in Vietnam.  This DD Form 214, which was authenticated by his own hand, does not show award of the Purple Heart in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized).

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 a Purple Heart entry in Item 41 (Awards and Decorations) nor any annotation of wounds in item 40 (Wounds).  The applicant's name is not listed on the Vietnam Casualty Roster.

There are no medical treatment records showing the applicant was wounded as a result of hostile action or treated for wounds or injuries resulting from hostile action.

The applicant provided medical forms such as the DA Form 3647 (Clinical Record Cover Sheet) dated 28 August 1971, which states in item 35 (Cause of Injury) "Patient drove in ditch to avoid accident with another vehicle".  Item 36 (Diagnoses -Operations and Special Procedures) states "Observation for cervical spine injury, none found".  Later records show continued care for back problems. However, there is no medical evidence to corroborate the applicant's contention that he received bleeding wounds on his right leg and right arm during this same incident.

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, and advisory opinion(s), it is concluded:

1.  The Board considered the applicant’s request for award of the Purple Heart and the documents which he submitted in support of his claim.  The Board also reviewed the available service personnel and medical records.

2.  The Board noted there is no evidence of record which show that he was awarded the Purple Heart or that he was wounded or treated for wounds as a result of hostile action.

3.  The Board noted that the applicant's own submission reflects that the stated incident was caused by avoiding an accident with another vehicle.

4.  Medical records do not support his contention of bleeding wounds to the right leg and arm.  The Board determined that these documents are insufficient evidence to verify a wound was received as a result of hostile action.

5.  The Board also noted the applicant's signature on his applicable DD Form 214 which does not reflect the Purple Heart and his name is not listed on the Vietnam Casualty Roster.  Additionally, the Board noted that the applicant did not correct his official military records to reflect a Purple Heart in over thirteen years of service in the active Army after his alleged wounding.

6.  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.

7.  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

___JL ___  ___JTM _  __RKS __  DENY APPLICATION

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

INDEX

CASE ID	AR2003085425	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	YYYYMMDD	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	19840930	
DISCHARGE AUTHORITY	AR2003085425	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY	Mr. Chun	
ISSUES         1.	107.0015.0000	
2.		
3.		
4.		
5.		
6.