MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:           10 JANUARY 2002
	DOCKET NUMBER:   AR2001063167

	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. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Ted S. Kanamine		Member	
	Mr. John T. Meixell		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 a crew chief on a helicopter when it "went down."  He noted that they (the helicopter crew) did not know if they had been hit, but they all had cuts and bruises and he (the applicant) eventually got Hepatitis B and C.  He notes that he was hospitalized in Vietnam and Japan but never received the Purple Heart.  He states that the reason he did not receive the award was because the individual who was "in charge of putting [him] in for the Purple Heart was gay and [he] turned down his advances."  He states he was awarded disability for Hepatitis B and C and would like his records to reflect this information.  Although the applicant indicates he submitted his medical records, the Board received no such records.

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

The Board considered the applicant’s request on 4 December 2001 and, although they voted to deny relief, the Board, by unanimous vote, determined that the applicant’s failure to file within the statutory time limits should be excused.  Hence the applicant’s case has been reconstituted to excuse his failure to timely file.

He was inducted on 8 September 1967 and on 13 September 1967 was discharged for the purpose of immediate reenlistment.  In April 1968 he was assigned to Vietnam where he performed duties as a helicopter mechanic, toolroom keeper, and crew chief.

In March 1969, while assigned as a crew chief with the 243rd Assault Support Helicopter Company, he was transferred, in a patient status, to the 106th General Hospital.  There is no indication in available records regarding the basis for his hospitalization.

In April 1969 he returned to the United States and completed his enlistment contract at Fort Eustis, Virginia.  On 15 September 1970 he was released from active duty with an honorable characterization of service.  Neither his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), nor his DA Form 20 (Enlisted Qualification Record), reflects entitlement to the Purple Heart and item 40 (wounds) on his DA Form 20 is blank.  The applicant authenticated his DA Form 20 on 26 June 1970 and his DD Form 214 on the day of his separation.

Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for wounds 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 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.  There is no evidence, nor has the applicant provided any, which confirms he was wounded as a result of hostile action while in Vietnam and as such there is no basis for an award of the Purple Heart.

2.  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 that requirement.

3.  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 __  __TSK __  __JTM __  DENY APPLICATION

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

INDEX

CASE ID	AR2001063167	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010110	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	142.00	
2.		
3.		
4.		
5.		
6.