MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            12 March 2002
	DOCKET NUMBER:   AR2001062580

	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	
	Mr. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Ms. Irene N. Wheelwright		Chairperson	
	Mr. Raymond J. Wagner		Member	
	Ms. Gail J. Wire		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, that his records be corrected to reflect two awards of the Purple Heart.

APPLICANT STATES:  In effect, that he was awarded a Purple Heart on 4 October 1968 and 14 February 1969 for wounds/injuries received in action in Vietnam.  In support of his application he submits a copy of a Veterans Administration (VA) Rating Decision, a very poor copy of a letter from an individual who claims he served with the applicant in Vietnam and has first-hand knowledge that he was injured in Vietnam and saw him being awarded a Purple Heart after he returned from the hospital, a copy of a letter from an individual who said he served with the applicant in Vietnam, and a copy of the order awarding him the Army Commendation Medal (ARCOM) with “V” device for an action that occurred on 14 February 1969. 

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

He volunteered for induction in Nashville, Tennessee on 27 March 1968.  He successfully completed his training and was transferred to Vietnam on 25 August 1968, for duty as an indirect fire crewman.

On 11 January 1969 he was awarded the Combat Infantryman Badge (CIB) and on 17 March 1969, he was awarded the ARCOM w/”V” device for an action that occurred on 14 February 1969.  He was promoted to the pay grade of E-5 on 1 May 1969.

He departed Vietnam on 15 July 1969 and was transferred to Fort Benning, Georgia.  He remained at Fort Benning until his request for early separation to attend school was approved.  He was honorably released from active duty on 22 December 1969, under the provisions of Army Regulation 635-200, chapter 5, as an early release to attend school.  He had served 1 year, 8 months, and 26 days of total active service.  He was awarded the National Defense Service Medal, the Vietnam Service Medal with two bronze service stars, the Vietnam Campaign Medal, the CIB, the Bronze Star Medal, an ARCOM and an ARCOM with “V” Device.  He was transferred to the United States Army Reserve (USAR) Control Group (Annual Training) to complete his remaining statutory service obligation.

He subsequently enlisted in the Tennessee Army National Guard and remained there until 30 June 1994, when he was transferred to the USAR Control Group (Retired) in the pay grade of E-6.

A review of the available records shows that the applicant has attempted on numerous occasions to be awarded the Purple Heart and all of the responses have indicated that there is no evidence of his entitlement to those awards.

On 20 September 1990, he applied to this Board (AC92-07624) requesting that he be awarded two awards of the Purple Heart.  At that time he contended that he had been injured during two separate mortar explosions on 4 October 1968 and 14 February 1969.  He also contended that a review of morning report entries would substantiate his claim.  In the processing of his application, the Total Army Personnel Command (PERSCOM) reviewed his personnel and medical records and conducted a search of morning report and orders files.  The PERSCOM indicated that his medical records showed that on 4 October 1969, he was injured by a “short round.”  A “short round” is described as U.S. Artillery fire which falls short of its target.  His medical records also showed that on 15 February 1969, he smashed his right index finger between two 4.2 mortar rounds, ammunition that he was firing.  A review of the morning reports showed no entries that he was wounded and there were no orders published awarding him the Purple Heart.  Additionally, there were no entries in his records of any such wounds nor was he listed on the Vietnam Casualty Roster.  The Board denied his case on 9 September 1992, based on the lack of sufficient evidence to show error or injustice and his failure to timely file.

The VA Rating Decision indicates that the applicant was granted a 10% disability for Post Traumatic Stress Disorder (PTSD).  The letters from former members of his unit provide no real evidence to support the applicant’s case.  One of the letters indicates that he saw the applicant being awarded the Purple Heart and the other letter simply confirms his assignment to a unit 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 a result of hostile action, that the wound must have required treatment by a medical officer, and that the medical treatment was 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.  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.

2.  The evidence of record fails to clearly show that the applicant was wounded/injured as a result of enemy action.  While the evidence shows that his injuries were treated by medical personnel and made a matter of official record, the evidence fails to show that the injuries were a result of hostile action.  

3.  The applicant’s contention that he was awarded two Purple Hearts has been noted by the Board; however, it is not supported by the evidence submitted with his application, or the evidence of record.  Prior to his current application to the Board, he contended that he was never awarded the Purple Heart and the Board finds no evidence to suggest that he was.  Given the lack of evidence to support his request, the Board found no basis to award him any awards of the Purple Heart.

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

__inw ___  ___gjw __  __rjw____  DENY APPLICATION

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

INDEX

CASE ID	AR2001062580	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/03/12	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  61	107.0015/PH	
2.		
3.		
4.		
5.		
6.