MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            24 January 2002
	DOCKET NUMBER:   AR2001064985

	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. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Mr. Walter T. Morrison		Member	
	Mr. Richard T. Dunbar		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:  Correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the dates of his service in Vietnam and award of the Purple Heart.

APPLICANT STATES:  That he was in Vietnam and “fought in that war.”  He also states that he received award of the Purple Heart on 9 September 1967.

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

The applicant was inducted on 5 May 1966 and completed training as an air defense automatic weapons crewman at Fort Bliss, Texas.  The applicant was honorably separated from active duty on 3 May 1968.

The applicant’s DD Form 214 shows the entry, “0 0 0” under years months and days of item 22c (Foreign Service).  There are no orders in the applicant’s service records which show that he was assigned to a duty position in Vietnam.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows no entries in item 31 (Foreign Service).  His DA Form 20 shows in item 38 (Record of Assignments) that he remained assigned to units at Fort Bliss, Texas, throughout his entire period of military service.  

The applicant’s DD Form 214 shows in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) that he received the National Defense Service Medal, the Driver and Mechanic Badge, the Good Conduct Medal and the Sharpshooter Marksmanship Qualification Badge.  Item 24 does not show award of the Vietnam Service Medal or any other awards normally associated with service in Vietnam.

There are no orders in the applicant’s service records which show that he was awarded the Purple Heart.  There is no evidence in his records that he was wounded or treated for wounds as a result of hostile action.  The applicant’s DA Form 20 does not show any entry in item 40 (Wounds) or list the Purple Heart in item 41 (Awards and Decorations).

Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  In pertinent part, it directs that foreign service performed during the period covered by the DD Form 214 will be entered in item 22c.  The regulation also states that the amount of foreign service will be taken from the soldier’s Enlisted Qualification Record or, if necessary, verified from the soldier’s Military Personnel Records Jacket.

Army Regulation 635-5, in effect at the time, also required that service on or after 5 August 1964 in Indochina and Korea be shown in item 30 (Remarks) with the inclusive dates of service in Vietnam and the entries “Yes” or “No” for service in Indochina and Korea.
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, 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 of record which shows that the applicant served in Vietnam.  His service records show he served all of his military service at Fort Bliss, Texas.  In the absence of evidence the applicant served in Vietnam, there is no basis to show dates of service in Vietnam on his discharge document.

2.  There is no evidence of record, and the applicant has provided no evidence, which shows that he was awarded the Purple Heart or that he was wounded or treated for wounds as a result of hostile action.  Therefore, there is no basis for award of the Purple Heart to the applicant or correction of his discharge document to show award of the Purple Heart.

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 either 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

__GDP__  __WTM__  __RTD__  DENY APPLICATION

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

INDEX

CASE ID	AR2001064985	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020124	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.	120.0000.0000	
2.	107.0000.0000	
3.		
4.		
5.		
6.