MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:            21 February 2002                 
	DOCKET NUMBER:   AR2001063974

	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. G. E. Vandenberg		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:  That his records be corrected to show he was awarded the Purple Heart.

APPLICANT STATES:  In effect, that he received a head wound while serving as a machine-gunner on an armored personnel carrier (APC) in Vietnam.  He indicates that his records should contain a reference to this incident and that he has a scar, on the left side of his head, with possible retained fragment.  He states that it would be in the interest of justice for the Board to consider this application because he tried to forget his experiences in Vietnam and this is why he has not previously applied.

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

The applicant entered active duty on 1 April 1970.  He completed training and was awarded military occupational specialty (MOS) 11D20 (Armor Reconnaissance Specialist).  He duty assignments included one year in Vietnam. He attained the rank of Specialist Fourth Class (SP4) and was released from active duty on 3 December 1971 with an honorable characterization of service.  His awards and decorations are listed as the National Defense Service Medal, the Combat Infantryman Badge, the Vietnam Service Medal, the Vietnam Campaign Medal, and the Sharpshooters Qualification Badge with rifle bar.  The applicant also received the Army Commendation Medal with “V” device although his Report of Transfer or Discharge (DD 214) does not show the “V” device. 

The available records do not contain any medical records except his separation Report of Medical History (SF 89) and Report of Medical Examination (Standard Form (SF) 88).  On the SF 89, the applicant checked “no” in the block for head injury.  The SF 88 shows that the applicant was suffering from partial deafness on the left side with severe bilateral hearing loss.  There is no indication on either report of a head wound or scarring. 

In the development of this case the historical files for the applicant’s unit, the B Troop, 1st Squadron, 1st Cavalry, 23rd Infantry Division, were reviewed.  This review failed to identify any reference to the applicant as having received any wounds.  A check of the Vietnam Casualty List failed to locate the applicant’s name.

Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against an 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.  There are no available medical records to show that the applicant was treated for wounds received while in action against the enemy or as the result of enemy action.  

2.  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:  ARBA St. Louis will be requested to issue the applicant a DD Form 215 (Correction to DD Form 214) to add the “V” device to his Army Commendation Medal.

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	AR2001063974	
SUFFIX		
RECON		
DATE BOARDED	20020221	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.