MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            20 March 2001                  
	DOCKET NUMBER:   AR2000050434

	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. Fred N. Eichorn 		Chairperson	
	Mr. Raymond J. Wagner 		Member	
	Mr. William D. Powers 		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:  That his DD Form 214 does not show the Purple Heart and his military records indicate that he received a Purple Heart.  In support of his application, he submits a copy of his DD Form 214.    

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

The applicant enlisted on 31 July 1969 for a period of 2 years.  He served as a light weapons infantryman in Vietnam from 11 January 1970 to 10 July 1970 when he was admitted to the hospital for an emotional disorder.  The applicant was evacuated on 15 July 1970 to the Army Hospital, Special Treatment Center at Fort Gordon, Georgia.  On 3 August 1970 the applicant was diagnosed by a medical evaluation board (MEB) with asthma and reaction, schizophrenic, paranoid type.  The MEB recommended referral to a physical evaluation board (PEB).  On 10 September 1970, a PEB found the applicant physically unfit due to schizophrenia, paranoid, acute and asthma.  The PEB recommended a combined rating of 10 percent and separation with severance pay.  The applicant was honorably discharged on 23 November 1970 by reason of physical disability with entitlement to receive disability severance pay.  

The applicant’s DD Form 214 does not show the Purple Heart as an authorized award.

Item 40 (Wounds) on the applicant’s DA Form 20 (Enlisted Qualification Record) shows a pencil entry “FW [fragment wound] Jaw 17 MAR 70”.

The applicant’s records contain a DD Form 1577 (Authorization for Issuance of Awards), dated 25 June 1987, which shows the Army Reserve Personnel Center in St. Louis, Missouri, determined that the applicant was eligible for the Purple Heart.  However, the applicant’s records do not contain any orders for the Purple Heart.  There are no medical records which show the applicant was wounded or treated for wounds as a result of hostile and his name does not appear on the Vietnam Casualty Roster.  Additionally, the applicant’s PEB makes no mention of any wounds sustained as a result of hostile action in Vietnam.  
  
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 applicant’s records contain a DA Form 1577 (Authorization for Issuance of Awards) prepared by the Army Reserve Personnel Center and dated June 1987.  This document shows that the Assistant Adjutant General of the Army Reserve Personnel Center determined that applicant was entitled to the Purple Heart which is not shown on the applicant’s DD Form 214.

2.  There is no evidence, and the applicant has provided no evidence, which shows that he was awarded the Purple Heart.  There are no orders for the Purple Heart, there are no medical records which show the applicant was wounded or treated for wounds as a result of hostile action and his name does not appear on the Vietnam Casualty Roster.  Therefore, the applicant was not eligible for award of the Purple Heart at the time of his service in Vietnam and there is no basis for award of the Purple Heart to him now.

3.  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 this requirement.

4.  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

FNE____  RJW____  WDP____  DENY APPLICATION

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

INDEX

CASE ID	AR2000050434	
SUFFIX		
RECON		
DATE BOARDED	20010320	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19701123	
DISCHARGE AUTHORITY	AR 635-40  	
DISCHARGE REASON	Physical disability with severance pay	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.