MEMORANDUM OF CONSIDERATION

		IN THE CASE OF:     

		BOARD DATE:          21 OCTOBER 2003                    
		DOCKET NUMBER:  AR2003087847

	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. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. Melvin H. Meyer		Chairperson	
	Mr. William D. Powers		Member	
	Mr. Frank C. Jones II		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:  In 1969, prior to his return to the United States from Vietnam, an annotation was made in his records showing award of the Purple Heart.  He received shrapnel in his hand and was treated at the 101st Battalion aid station at Camp Eagle.  The award was to follow, but he never received it.  

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

The applicant was a career Soldier who retired from the Army on 30 November 1989 with more than 20 years of active military service.  His DD Form 214 (Certificate of Release or Discharge from Active Duty) does not show award of the Purple Heart.

The applicant's first period of military service was from 20 June 1968 through    16 June 1971.  His DD Form 214 for that period shows that he served in Vietnam from 28 March 1969 to 20 March 1970, and that his awards included the Army Commendation Medal, Good Conduct Medal, and the Bronze Star Medal.  That form does not show award of the Purple Heart.  The applicant signed the          DD Form 214 attesting to its accuracy.

The applicant's DA Form 2-1 (Personnel Qualification Record) does not show award of the Purple Heart.

The Vietnam casualty roster maintained by this agency does not show that the applicant was wounded in action.

Army Regulation 600-8-22 provides 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, and the applicant has not submitted any, to show that he was wounded in action in Vietnam.

2.  Consequently, there is insufficient evidence to grant the applicant's request for award of the Purple Heart.

3.  The applicant has submitted neither probative evidence nor a convincing argument in support of his request.   
4.  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.

5.  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

__MHM  _  __ WDP_  __FCJ  __  DENY APPLICATION

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

INDEX

CASE ID	AR2003087847	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20031021	
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.