MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:           28 February 2002
	DOCKET NUMBER:   AR2001064725

	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. Robert J. McGowan		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor, Jr. 		Chairperson	
	Ms. Celia L. Adolphi		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:  That his records be corrected to show that he was awarded a Purple Heart (PH) and a Combat Action Ribbon (CAR).

APPLICANT STATES:  That he was wounded in Vietnam.  At the time, he didn’t care about a PH, but now, for some reason, receiving the PH is important to him. He adds that, according to the Department of Veterans Affairs (VA), he is 30% disabled from shell fragment wounds to the left neck and forehead.

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

He enlisted in the Regular Army for 3 years on 22 August 1968.  Following Basic Combat Training at Fort Campbell, Kentucky, and Advanced Individual Training at Fort Lee, Virginia, he was awarded military occupational specialty (MOS) 94B, Cook, and sent to Vietnam.

The applicant served in Vietnam as a cook in the 167th Signal Company from 23 January 1969 through 3 September 1970.  He returned to Vietnam on 28 October 1970 and served as a cook in the US Army Strategic Communications Command Regional Communications Group (Vietnam) through 27 October 1971.

The applicant was honorably discharged on 28 October 1971 at the US Army Personnel Center, Oakland, California.  He had 3 years, 2 months, and 7 days of creditable active Federal service and no lost time.  His DA Form 20 (Enlisted Qualification Record) contains no entry in Block 40 (Wounds); it does not reflect a PH in Block 41 (Awards and Decorations).  His SF 88 and SF 89 (Report of Medical Examination, and Report of Medical History) do not reflect any wounds or abnormalities to the head, neck, face, or scalp region on his separation from the Army.

Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart (PH) is awarded for a wound sustained as a result of hostile action. Substantiating evidence must be provided to verify that:  (1) the wound was the result of hostile action; (2) the wound required medical treatment; and (3) the medical treatment was made a matter of official record.

The CAR was authorized by the Secretary of the Navy on 17 February 1969 to be awarded to members of the Navy, Marine Corps and Coast Guard for combat action service.

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.  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.

2.  While the applicant served almost 2 years in Vietnam, there is no proof in his service record that he was ever wounded.  Neither his DA Form 20, nor his SFs 88 and 89 indicate that he was wounded in action.  

3.  The applicant has provided no evidence to support his claim that he was wounded.  Disability ratings awarded by the VA are not sufficient to establish entitlement to the PH.

4.  The applicant is not entitled to the CAR; the CAR is a Department of the Navy award for sailors, marines, and coast guardsmen.

5.  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

_RVO___  __CLA___  __JTM__  DENY APPLICATION

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

INDEX

CASE ID	AR2001064725	
SUFFIX		
RECON		
DATE BOARDED	20020228	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY	DIRECTOR	
ISSUES         1.	107.0015	
2.	107.0030	
3.		
4.		
5.		
6.