MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           6 March 2003
	DOCKET NUMBER:   AR2002081320

	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. Joseph A. Adriance		Analyst	

  The following members, a quorum, were present:

	Mr. Walter T. Morrison		Chairperson	
	Ms. Linda D. Simmons		Member	
	Mr. Frank C. Jones, II		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:  In effect, that he be awarded the Purple Heart (PH).

APPLICANT STATES:  In effect, that he was awarded a disability rating from the Department of Veterans Affairs (DVA) for a wound to the right hand and left wrist that he received in late 1968 or early 1969.  

EVIDENCE OF RECORD:  The applicant's military records were requested from the National Personnel Records Center (NPRC); however, to date they have not been provided to the Board.  The Board elected to work this case based on the Enlisted Qualification Record (DA Form 20) provided by the applicant and associated Vietnam Casualty files that were available for review.  

The DA Form 20 provided by the applicant confirms that he was inducted into the Army and entered active duty on 7 February 1968.  It also shows that he successfully completed basic training at Fort Knox, Kentucky and advanced individual training (AIT) at Fort Polk, Louisiana.  Upon completion of AIT, he was awarded military occupational specialty (MOS) 11B (Infantryman), and he was assigned to the Republic of Vietnam (RVN) for his first permanent duty station.   

The applicant’s tour in the RVN covered the period 8 September 1968 through 
18 June 1969, and he served as an infantryman with C Company, 2nd Battalion, 28th Infantry Division.  Item 39 (Awards & Decorations) of his DA Form 20 confirms that during his active duty tenure, he earned the Combat Infantryman Badge, Army Commendation with Valor (“V”) Device, Vietnam Service Medal, RVN Campaign Medal, and the RVN Gallantry Cross with Palm Unit Citation.  However, Item 40 (Wounds) is blank, which indicates that he was never wounded in action during his tenure on active duty.  The applicant audited and signed the DA Form 20 on 18 June 1969, thereby confirming that the information contained in the form was correct at that time.  

The applicant’s separation document (DD Form 214) was not available to the Board during its review of this case.  However, during the processing of this case, a member of the Board staff reviewed the Vietnam Casualty Roster.  This search provided no confirmation that the applicant was wounded in action while serving in the RVN.

The applicant provided a copy of a DVA rating decision, dated 6 August 1984, which shows that he was granted a disability percent above 0% but less than 
10 % for a service connected scar, residuals, laceration web of the right hand; and a scar, mesial left wrist, and superficial wound scar left upper back with retained foreign body.  However, no supporting military medical records were provided with this rating decision.  

Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Paragraph 2-8 contains the regulatory guidance pertaining to awarding the PH.  It states, in pertinent part, that the PH is awarded to any member who has been wounded or killed in action.  A wound is defined as an injury to any part of the body from an outside force or agent sustained under conditions defined by this regulation.  In order to support awarding a member the PH, it is necessary to establish that the wound, for which the award is being made, required treatment by a medical officer.  This treatment must be supported by records of medical treatment for the wound or injury received in action, and 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 notes the applicant’s contention that he was wounded in action in the RVN and is therefore entitled to the PH.  However, it finds insufficient evidence to support this claim.

2.  By regulation, in order to support an award of a PH a member must have been wounded or injured in action, must have been treated for this wound or injury by military medical personnel, and this treatment must have been made a matter of official record.  

3.  In this case, notwithstanding the DVA rating decision that indicates the applicant was granted a service connected disability rating for scars to his right hand, left wrist, and left upper back, there are no medical or other official records to confirm that these scars were received as a result of the applicant being wounded as a result of enemy action.  Thus, the Board finds the regulatory burden of proof necessary to support awarding the PH has not been met, and that there is insufficient evidence to support granting the requested relief.  

4.  The applicant is advised that the veracity of his claim that he was wounded in action in the RVN and that he is entitled to the PH is not in question.  However, based on the lack of evidence to show that he was ever wounded or injured in action in the RVN, the Board must deny the applicant’s request that he be awarded the PH.  This action is taken solely on the lack of supporting evidence in the interest of all those who served in the RVN and who faced similar circumstances.  

5.  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.

6.  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

__WTM__  __LDS _  __ FCJ__  DENY APPLICATION 

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

INDEX

CASE ID	AR2002081320	
SUFFIX		
RECON		
DATE BOARDED	2003/03/06	
TYPE OF DISCHARGE	N/A	
DATE OF DISCHARGE	N/A	
DISCHARGE AUTHORITY	N/A	
DISCHARGE REASON	N/A	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  61	107.0015	
2.		
3.		
4.		
5.		
6.