MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  12 March 2002
	DOCKET NUMBER:  AR2001063924

	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. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Ms. Irene N. Wheelwright		Chairperson	
	Ms. Gail J. Wire		Member	
	Mr. Raymond J. Wagner		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 he be awarded the Purple Heart.

APPLICANT STATES:  That he was injured when his vehicle rolled over while under enemy fire.

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

He was inducted and entered active duty on 23 January 1969.  He completed infantry training and was assigned to Vietnam from 8 July through 4 September 1969.  Block 38 (Assignments) of his DA Form 20 (Qualification Record) shows that he was in a patient status on 28 August 1969.  Block 40 (Wounds) is blank and block 41 (Awards) does not list the Purple Heart as an authorized award.

Effective 22 January 1971, the applicant was separated from active duty and transferred to the Army Reserve.  His DD Form 214 (Report of Transfer or Discharge) does not list the Purple Heart as an authorized award.  There are no medical records to support the applicant’s contention that he was wounded or injured as a result of enemy action.  His name does not appear on the Vietnam Casualty List.

A DA Form 1577 (Authorization for Issuance of Awards) prepared by the Army Reserve Personnel Center (ARPERCEN) on 16 May 1990, shows that the applicant was entitled to the Good Conduct Medal, the Expert Marksmanship Badge with auto rifle bar, the Sharpshooter Marksmanship Badge with machine gun bar, the Republic of Vietnam Campaign Medal, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation which were not listed on his DD Form 214.  The ARPERCEN denied his request for the Purple Heart.

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 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.  A careful review of the applicant’s available records fails to support his contention that he was wounded or injured in combat while in Vietnam and entitled to 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 this 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.

NOTE:  The Army Review Boards Agency Support Division will be asked to administratively correct the applicant’s records to show his entitlement to the Good Conduct Medal, the Expert Marksmanship Badge with auto rifle bar, the Sharpshooter Marksmanship Badge with machine gun bar, the Republic of Vietnam Campaign Medal, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

___iw_  __gw___  ___rw_____  DENY APPLICATION

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

INDEX

CASE ID	AR2001063924	
SUFFIX		
RECON		
DATE BOARDED	20020312	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.