MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           11 May 2000                  
	DOCKET NUMBER:   AR1999033468

	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:  Correction of his DD Form 214 (Report of Transfer or Discharge) to show award of the Purple Heart.  

APPLICANT STATES:  In effect, that he sustained shrapnel wounds during a mortar attack on 22 December 1967 in Vietnam.  He contends that he was sent to an Army hospital, his wounds were sutured and he remained in the hospital for two days.  He also contends that he received the Purple Heart in January 1968.  In support of his application, he submits a letter of explanation; a notarized statement from his platoon leader at the time in question, dated 27 September 1999; a notarized statement from his company commander at the time in question, dated 13 August 1999; a copy of the company commander’s Officer Record Brief; copies of medical records; and page four of the applicant’s DA Form 20 (Enlisted Qualification Record). 

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

The applicant enlisted on 7 October 1966 for a period of 3 years.  He served as a general vehicle repairman in Vietnam from 15 March 1967 through 14 March 1968 and was honorably discharged on 18 September 1969.  The applicant’s DD Form 214, which was authenticated in his own hand, does not show the Purple Heart as an authorized award.

There is no evidence in the applicant’s personnel records that he was awarded the Purple Heart or was wounded as a result of hostile action.  Item 40 (Wounds) of the applicant’s DA Form 20 (Enlisted Qualification Record) is blank.  Item
41 (Awards and Decorations) does not show entitlement to the Purple Heart.

The applicant provided a statement, dated 27 September 1999, from his platoon leader at the time in question.  The platoon leader states that the applicant received wounds to his legs as a result of a mortar attack during December 1967 in Vietnam.  The applicant also provided a statement, dated 13 August 1999, from his company commander at the time in question.  The company commander describes the applicant’s duties during his assignment in Vietnam, but did not state the applicant was wounded.

The applicant provided a copy of Standard Form 600 (Chronological Record of Medical Care), dated 27 December 1967, that indicates he sustained a laceration which required sutures on 22 December 1967 in Vietnam. There is no evidence that this injury was the 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.  Although the applicant contends that he sustained shrapnel wounds due to a mortar attack on 22 December 1967 in Vietnam, there is no evidence of record which shows the applicant was injured or treated for wounds sustained as a result of hostile action in Vietnam.    

2.  The applicant signed his DD Form 214 attesting to the fact he was not entitled to the Purple Heart.

3.  The Board noted the statement from the applicant’s platoon leader.  However, this statement, made 32 years after the fact, is not sufficient by itself as a basis for award of the Purple Heart in view of evidence of record which shows the applicant was not wounded.  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

RVO___  JMA_____  CJP_____  DENY APPLICATION

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

INDEX

CASE ID	AR1999033468	
SUFFIX		
RECON		
DATE BOARDED	20000511	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19690918	
DISCHARGE AUTHORITY	AR 635-200  	
DISCHARGE REASON	Early separation from overseas	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.