MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           11 May 2000                  
	DOCKET NUMBER:   AR1999032330

	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. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr. 		Chairperson	
	Mr. James M. Alward		Member	
	Mr. Christopher J. Prosser 		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 wounded when he was blown from a jeep in Vietnam in 1966.  In support of his application, he submits a copy of Standard Form 180 (Request Pertaining to Military Records), dated 20 January 1999.

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

The applicant enlisted on 9 January 1962 for a period of 3 years, trained as a lineman and was honorably discharged on 15 November 1963 for immediate reenlistment.  He reenlisted on 16 November 1963 for a period of 3 years.  The applicant served as a lineman in Vietnam from 8 August 1965 through 28 May 1966 and was honorably discharged on 15 November 1966.  He reenlisted again on 16 November 1966 for a period of 3 years and was honorably discharged on 14 November 1969.   

The applicant’s DD Form 214 (Report of Transfer of Discharge) with an effective date of 15 November 1966, which was authenticated in his own hand, does not show the Purple Heart as an authorized award.  Item 27 (Wounds Received as a Result of Action with Enemy Forces) on the DD Form 214 shows “None”.

There are no orders in the applicant’s service personnel records which show that he was awarded the Purple Heart.  There is no evidence in the applicant’s service personnel records that he was awarded the Purple Heart or was wounded as a result of hostile action.

His DA Form 20 (Enlisted Qualification Record) does not show any entry in item 40 (Wounds) or list the Purple Heart in item 41 (Awards and Decorations).     

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 wounded when he was blown from a jeep in Vietnam.  However, there is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he was injured or treated for wounds as a result of hostile action in Vietnam.  
2.   Evidence of record shows the applicant signed his DD Form 214 with an effective date of 15 November 1966 attesting to the fact he was not entitled to the Purple Heart.

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

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

RVO____  JMA____  CJP_____  DENY APPLICATION

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

INDEX

CASE ID	AR1999032330	
SUFFIX		
RECON		
DATE BOARDED	20000511	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19691114	
DISCHARGE AUTHORITY	AR 635-200  	
DISCHARGE REASON	Expiration term of service	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.