MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:             21 February 2002                  
	DOCKET NUMBER:    AR2001063097

	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. Stephanie Thompkins		Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Mr. Thomas A. Pagan		Member	
	Mr. Melvin H. Meyer		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 the Purple Heart was never awarded to him.

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

He was inducted in Army as a private, pay grade E-1, on 23 January 1969.

He served in Vietnam as a light weapons infantryman from 8 July 1969 to 8 May 1970.

He was discharged under honorable conditions on 15 January 1971.

His awards include the National Defense Service Medal, Combat Infantryman Badge, 1 Overseas Service Bar, Vietnam Campaign Medal, Vietnam Service Medal with 2 Campaign Stars, the Marksman Badge (M-60), 2nd Class Gunner (M-60) and the Marksman Badge (M-14).

His records and the Republic of Vietnam Casualty List do not show he was wounded as a result of action against the enemy or hostile action.

Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against the enemy or 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 by a medical officer, 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 is not entitled to correction of his records to show award of the Purple Heart.  

2.  The applicant has not shown that he was wounded as a result of hostile action, that a medical officer treated him for a wound received in action, or that the foregoing is a matter of official medical record.

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

_gdp____  _tap____  _mhm____  DENY APPLICATION

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

INDEX

CASE ID	AR2001063097	
SUFFIX		
RECON		
DATE BOARDED	20010221	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.015	
2.		
3.		
4.		
5.		
6.