MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            16 February 2000  
	DOCKET NUMBER:    AR1999030236

	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.

	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Ms. Meta Waller 		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 effect, that he was shot down in a “Chinook” helicopter on 23 June 1970 while on a combat mission in Vietnam.  He contends that he sustained injuries to his neck and back and was treated at the 71st Evacuation Hospital in Pleiku, South Vietnam.  In support of his application, he submits a letter of explanation dated 14 August 1999, a copy of his DD Form 214 (Report of Transfer or Discharge) and VA documentation dated 20 June 1979.  

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

The applicant was inducted on 7 April 1969.  He successfully completed training and was transferred to Vietnam for duty as an infantry indirect fire crewman.  He served in Vietnam from 8 September 1969 through 7 September 1970 and was honorably separated on 25 January 1971.  

The applicant’s DD Form 214, which was authenticated in his own hand, does not show the Purple Heart as an authorized award.

The applicant provided VA documentation, dated 20 June 1979, which states “A review of the service medical records shows that in June 1970, X-ray of the chest and skull was made because of history of chopper crash; the veteran was also seen on the same day for abrasions and concussion.  He was treated because of pain the back of the neck."

The applicant’s personnel records contain a Standard Form 600 (Chronological Record of Medical Care), dated 24 June 1970, which indicates the applicant was evaluated and treated at the 4th Medical Battalion in Vietnam for a small laceration due to trauma to the back of his head.  The next entry on the Standard Form 600, dated 28 June 1970, indicates the applicant was again evaluated and treated at the 4th Medical Battalion in Vietnam for complaints of pain in the back of his neck.  There is no evidence that these conditions were the result of hostile action in Vietnam.     

The applicant’s personnel records indicate that the Morning Reports of his unit in Vietnam (Company C, 3d Battalion, 12th Infantry Regiment) for the period 
1 March 1970 through 9 July 1970 were searched and no entries are shown that the applicant was in a helicopter crash or was wounded in action during this period.

Evidence of record shows that on 20 January 1971 the applicant underwent a separation physical examination which makes no mention of any wounds sustained as a result of hostile action.  Neither his DD Form 214 nor his DA Form 20 (Enlisted Qualification Record) reflect entitlement to the Purple Heart and item 40 (Wounds) on his DA Form 20 is blank.           

There is no evidence in the applicant’s service personnel record 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.  The Board noted the applicant’s contention that he was shot down in a “Chinook” helicopter on 23 June 1970 while on a combat mission in Vietnam.  The Board also noted the VA documentation provided with his application.  However, there is no evidence of record available to the Board which shows the applicant was wounded or treated for wounds as a result of hostile action in Vietnam. 

2.  Evidence of record shows the applicant signed his DD Form 214 attesting to the fact he was not entitled to award of the Purple Heart.

3.  The preponderance of evidence in this case shows that he was not wounded or otherwise entitled to award of the Purple Heart.  Therefore, the applicant is not entitled to correction of his military records to show award of the Purple Heart.

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 the aforementioned 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

AAO____  CLG_____  MW_____ DENY APPLICATION

						Karl F. Schneider
						Director, Army Review Boards Agency

INDEX

CASE ID	AR1999030236	
SUFFIX		
RECON		
DATE BOARDED	20000216	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19710125	
DISCHARGE AUTHORITY	AR 635-200  	
DISCHARGE REASON	Early release to attend school	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.