MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           26 MARCH 2002
	DOCKET NUMBER:   AR2001065560

	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	
	Ms. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Ms. Deborah S. Jacobs		Member	
	Mr. Ronald E. Blakely		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:  Award of the Purple Heart.

APPLICANT STATES:  He was wounded by shrapnel while in Vietnam, but was never awarded a Purple Heart.  In a self-authored statement, included with his application, he indicated that he was in a tank when it came upon a minefield.  He notes that while a mine was being detonated, a piece of shrapnel hit another member of his crew in the forehead and killed him.  During that incident, the applicant indicates that he "got a small piece of shrapnel in [his] right thumb" which he did not notice, "except for the blood…."  He states he put a Band-Aid on it "and that was it."  Other than his self-authored statement, the applicant does not submit any evidence in support of his request.

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

He entered active duty on 26 April 1965.  While undergoing training, he was awarded a Sharpshooter Qualification Badge with "Tank" and "Rifle" bar, and an Expert Qualification Badge with "Pistol" bar.  The awards were confirmed in orders issued at Fort Hood and Fort Knox.  However, none of the badges were recorded on the applicant's separation document.

In August 1966 the applicant was assigned to Vietnam as an armor crewmember with the 2nd Squadron of the 11th Armored Cavalry Regiment.  He remained with that unit for the duration of his tour of duty in Vietnam.  He returned to the United States in April 1967 and was released from active duty on 21 April 1967.  

There were no medical records available to the Board and no indication in available records that the applicant was ever wounded as a result of hostile action.  His name is not reflected on the Vietnam Casualty List.

The applicant's conduct and efficiency ratings throughout his military service were excellent.  He was promoted to pay grade E-5 in December 1966 and there is no evidence of any misconduct or disciplinary action in the applicant's file.

Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for wounds 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.

By virtue of the applicant's honorable service between April 1965 and April 1967, and his service in Vietnam with the 11th Armored Cavalry Regiment between August 1966 and April 1967, he is entitled to an award of the Army Good Conduct Medal, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, and one bronze service star on the Vietnam Service Medal already reflected on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

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's contention that he sustained a shrapnel wound to his thumb is not support by any evidence in available records, nor submitted by the applicant. The Board notes that a wound so slight, as described by the applicant, which did not warrant treatment by a medical doctor, would not have met the qualification requirements for 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 that 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:  Officials at the ARBA Support Division in St. Louis are requested to administratively correct the applicant’s separation document to reflect award of a Sharpshooter Qualification Badge with "Tank" and "Rifle" bar, an Expert Qualification Badge with "Pistol" bar, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, one bronze service star on his Vietnam Service Medal, and an Army Good Conduct Medal.)

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__GDP__  __DSJ __  __REB __  DENY APPLICATION

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

INDEX

CASE ID	AR2001065560	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020326	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.