MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           4 April 2002                   
	DOCKET NUMBER:   AR2001065622

	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. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian 		Chairperson	
	Mr. Roger W. Able 		Member	
	Ms. Karen Y. Fletcher 		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:  That he was hit by shrapnel in the left knee in Vietnam in 1967.  In support of his application, he submits a Report of Medical History, dated 6 May 1982; his retirement DD Form 214 (Certificate of Release or Discharge from Active Duty) with an effective date of 30 June 1982; a letter from the Veterans Administration (VA), dated 24 March 1983; a citation and orders for the Army Commendation Medal; and a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 
15 September 1970.   

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

The applicant was inducted on 28 March 1962 and honorably discharged on 
7 June 1962 for immediate enlistment.  He enlisted on 8 June 1962 for a period of 3 years.  He served as a medical specialist in Vietnam from 20 July 1967 through 13 July 1968.  The applicant remained on active duty through continuous reenlistments until he retired in the rank of sergeant first class on 30 June 1982.    
The applicant’s DD Form 214 with an effective date of 15 September 1970, which was authenticated in his own hand, does not show the Purple Heart as an authorized award.

There is no evidence in the available records which shows that the applicant was awarded the Purple Heart or was wounded as a result of hostile action in Vietnam.

His DA Form 20 (Enlisted Qualification Record) does not show entitlement to the Purple Heart and item 40 (Wounds) on his DA Form 20 is blank.  The applicant’s name does not appear on the Vietnam Casualty Roster.

The applicant provided a copy of a Report of Medical History, dated 6 May 1982, which shows that he marked the “YES” block for item 20 “Have you ever had any illness or injury other than those already noted?” and that he provided the entry, “Shrapnel wound L [left] knee RVN [Republic of Vietnam] 1967” for explanation.

The applicant also provided VA documentation, dated 24 March 1983, which shows that his disabilities (dilated perforated veins (pain in both legs), contact dermatitis (both hands), and shrapnel wound left knee) are service-connected but they are less than 10 percent disabling and compensation is not payable.

Army Regulation 600-8-22 (Military Awards) 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.  The Board considered the applicant’s contention that he was hit by shrapnel in the left knee in Vietnam in 1967.  The Board also considered the Report of Medical History wherein the applicant reported that he sustained a shrapnel wound to his left knee in Vietnam in 1967.  However, there is no evidence of record which shows that the applicant was wounded or treated for wounds due to hostile action in Vietnam.

2.  The applicant signed his discharge document on 15 September 1970 attesting to the fact that he was not entitled to award of the Purple Heart.

3.  The preponderance of evidence in this case shows the applicant was not wounded or otherwise eligible for award of the Purple Heart.   

4.  The Board also noted the VA decision to award service connection for shrapnel wound left knee.  However, this decision is not sufficient as a basis for award of the Purple Heart, particularly in view of the evidence of record which shows the applicant was not wounded and did not receive the Purple Heart. 

5.  Based on the foregoing, the Board determined that there is insufficient evidence on which to base award of the Purple Heart in this case.    

6.  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.

7.  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

AAO____  RWA___  KYF_____  DENY APPLICATION

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

INDEX

CASE ID	AR2001065622	
SUFFIX		
RECON		
DATE BOARDED	20020404	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	  	
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.