MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:                   7 June 2000
	DOCKET NUMBER:          AR1999031559

	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	
	Ms. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. Edwin S. Castle		Member	
	Mr. James P. Stueve		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:  In effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the second award of the Purple Heart which is correctly known as the Purple Heart (First Oak Leaf Cluster).

APPLICANT STATES:  That he received a wound to his right arm on 25 April 1969 and a second wound on 24 May 1969 while serving in Vietnam.  In support of his application he submits a copy of his DA Form 20 (Enlisted Qualification Record), VA Form 21-2545 (Report of Medical Examination for Disability Evaluation), VA Form 1-8 (Certification of Appeal), VA Form 07-3101 (Request for Information) and a copy of his VA medical records.

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

He was inducted on 30 July 1968 as a light weapons infantryman (11B).  He served in Vietnam from 7 January 1969 to 6 January 1970 and was honorably discharged on 31 July 1970.

The applicant’s DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Campaign Medal, the Vietnam Service Medal, the Combat Infantryman Badge, the Purple Heart and the Marksman Marksmanship Badge with Rifle Bar and Grenade Bar.  His discharge document does not show the Purple Heart (First Oak Leaf Cluster) as an authorized award.

Item 40 (Wounds) of the applicant’s DA Form 20 (Enlisted Qualification Record), shows one entry “Fragment wound to right arm 25Apr69”.  Item 41 (Awards and Decorations) shows entitlement to one award of the Purple Heart.

Headquarters, 173rd Airborne Brigade General Orders Number 1633, dated 26 June 1969, shows the applicant was awarded the Purple Heart for wounds received in connection with military operations against a hostile force on 25 April 1969.

The applicant provided a copy of VA Form 21-2545 which shows “SC [Service-Connected] Claimed: Fracture of right foot.  SFW [Shell Fragment Wound] of right forearm.  Wounded in Vietnam, May, 1970”.  The Board noted that the applicant was not in Vietnam in May 1970.

There no evidence in the applicant’s records that show he was injured or wounded a second time as a result of hostile action in Vietnam.

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.

The bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart.

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.  Evidence of record shows the applicant was wounded on 25 April 1969 as a result of hostile action in Vietnam and awarded the Purple Heart.  Evidence of record also shows the applicant signed his DD Form 214 attesting to the fact he was entitled to one award of the Purple Heart.  The preponderance of evidence in this case shows the applicant was wounded once, not twice.  Therefore, he is not entitled to correction of his records to show the Purple Heart (First Oak Leaf Cluster).

2.  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.

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:

MKP____  ESC____  JPS_____  GRANT

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

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

INDEX

CASE ID	AR1999031559	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000607	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19700731	
DISCHARGE AUTHORITY	AR  .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  61		
2.		
3.		
4.		
5.		
6.