MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           14 FEBRUARY 2002
	DOCKET NUMBER:   AR2001065666

	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. John N. Slone 		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Mr. John E. Denning		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 reflect award of the Purple Heart.

APPLICANT STATES:  In effect, that he was wounded in Vietnam, but did not receive a Purple Heart.  In support of his request, he submits a statement, authored in 2001, from his former platoon leader who states that the applicant "sustained a bullet wound to the soft tissues of his left neck" in December 1968 when his [the applicant's] helicopter came under "tremendous enemy automatic weapons fire."  The author states that he "was present at the action and actually saw [the applicant's] neck wound that night in the mess hall."  The author of the witness statement also submits a 1970 letter of recommendation, which talks about him [the former platoon leader and author of the statement] displaying unquestionable bravery and reliability while retrieving three men from a patrol.  That letter states that "the previous helicopter to land in that single ship landing zone had been hit, with both pilot and copilot being wounded."  The former platoon leader indicates that "the pilot" talked about in the letter of recommendation was the applicant.

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

He initially entered active duty as an enlisted soldier in December 1966 and was discharged on 14 December 1967 to accept an appointment as a warrant officer.

In January 1968 he was assigned to Vietnam as a helicopter pilot and remained in Vietnam until January 1969.  He was awarded an Air Medal.  On 20 November 1969 the applicant was discharged, apparently to accept an appointment as a commissioned officer, and remained on active duty until December 1974.  He returned to Vietnam for a second tour of duty between January 1971 and January 1972.  

The applicant continued his association with the military via the National Guard and Army Reserve, in both an active and inactive status, until 1987 when he was discharged and "all Reserve of the Army and Army of the United States appointments" were terminated.

There is no indication in available records that he was ever wounded as a result of hostile action, or awarded the Purple Heart.  The only medical records available to the Board were a 1981 and 1982 physical examination; neither of which indicated the applicant had ever been treated for wounds sustained as a result of hostile action, or mentioned any scars consistent with "a bullet wound to the soft tissues of his left neck."

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.

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, and the applicant has not provided any, which confirms he was wounded as a result of hostile action while in Vietnam.  The statement submitted in support of the applicant's request was rendered more than 20 years after the fact, and the 1970 letter of recommendation is not specific enough to confirm that the wounded pilot mentioned in the letter was in fact the applicant.  

2.  Statements rendered years after the fact, which are not supported by information from any official source, and are inconsistent with information contained in official documents, are not sufficient for the Board to conclude an award of the Purple Heart would be appropriate.  

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 that 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

__JNS __  __BJE    _  __JED __  DENY APPLICATION

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

INDEX

CASE ID	AR2001065666	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020214	
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.