MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:           31 January 2002                  
	DOCKET NUMBER:  AR2001063802

	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. Lee Cates		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor, Jr.		Chairperson	
	Mr. Elzey J. Arledge, Jr. 		Member	
	Ms. Regan K. Smith		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: That his records be corrected to show he was wounded in May 1968 and is entitled to award of the Purple Heart (PH).

APPLICANT STATES: That his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show award of the PH.  He further provides a statement in support of his claim concerning his injury.  He states he was on ambush patrol and was ambushed and stepped in a hole or was tripped and injured his left leg.  After this incident, he proceeded on to the intended ambush site.  

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

On 2 November 1966, the applicant was inducted into the Army.

During the period 26 March to 16 October 1967, the applicant was assigned to the Officer Candidate School, Fort Benning, Georgia, until his release for personal reasons.

On 29 December 1967, he was assigned to a unit in Vietnam.

On 6 June 1968, he was medically evacuated to the US Army Hospital, Camp Zama, Japan for further evacuation to Walter Reed Army Medical Center, Washington, DC, on 12 July 1968.  His diagnosis at the time was deep vein thrombophlebitis.

On 20 August 1968, a separation physical examination cleared the applicant for separation with the remark “Mild Swelling of left lower extremity” and a physical profile of 111111.

On 22 August 1968, the applicant was separated from active duty under Army Regulation 635-200, chapter 5, based on being an overseas returnee with insufficient service remaining to warrant another permanent change of station.  

His Enlisted Qualification Record does not show any wounds, which would entitle the applicant to award of the PH.

Army Regulation 600-8-22 provides, in pertinent part, that the PH 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 is not entitled to award of the PH based on the evidence of record.  He has not shown entitlement to award of the PH.

2.  His contentions have been noted; however, the applicant has not submitted sufficient evidence, nor is there evidence in the available records to support his request.  

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

_rks____  _rvo____  _eja___       DENY APPLICATION

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

INDEX

CASE ID	AR2001063802	
SUFFIX		
RECON		
DATE BOARDED	20020131	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.015	
2.		
3.		
4.		
5.		
6.