MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           1 July 2003
	DOCKET NUMBER:   AR2002082384

	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. Gerard W. Schwartz		Analyst	

  The following members, a quorum, were present:

	Mr. Ted S. Kanamine		Chairperson	
	Ms. Karen Y. Fletcher		Member	
	Mr. Melvin H. Meyer		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 for wounds sustained during his service in Vietnam.

APPLICANT STATES:  That he is entitled to award of the Purple Heart based upon an injury to his left leg and kneecap sustained by a pungi stick during a parachute landing.  In support of his application, he submits a letter of recommendation from his former Brigade Provost Marshal.

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

The applicant entered active duty on 15 July 1955.  The records show he completed training in Military Occupation Specialty (MOS) 95B (Military Police).  He served in Vietnam from 31 May 1966 to 30 May 1967 and the applicant retired on 31 October 1982 with an Honorable Discharge.

The applicant's records contains several DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge).  The DD Form 214 with an effective date of 17 July 1969 covers the applicant's service in Vietnam.  This DD Form 214, which was authenticated by his own hand, does not show award of the Purple Heart in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized).

There are no orders in the applicant’s service personnel records which show that he was awarded the Purple Heart.  There also is no evidence in his records that he was wounded or treated for wounds as a result of hostile action.  His DA Form 2-1 (Personnel Qualification Record) does not show any entry in Item 9 (Awards, Decorations & Campaigns).  The applicant's name is not listed on the Vietnam Casualty Roster.

There are no medical treatment records showing the applicant was wounded as a result of hostile action or treated for wounds or injuries resulting from hostile action.

Research at the National Archives in College Park, Maryland revealed only the applicant's name on 173d Airborne Brigade General Orders Number 444, dated 12 March 1967, which shows the applicant making a combat parachute jump on 22 February 1967.

The applicant provided a Letter of Recommendation from his former Brigade Provost Marshal which states:  "In the midst of this operation [name omitted] was wounded while making his parachute landing.  A Pungi stick entered his left leg at the kneecap and slid upwards, stopping approximately two inches above the knees.  [Name omitted] was treated and released, by [name omitted]."

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, and advisory opinion(s), it is concluded:

1.  The Board considered the applicant’s request for award of the Purple Heart and the documents which he submitted in support of his claim.  The Board also reviewed the available service personnel and medical records.

2.  The Board noted there is no evidence of record which shows that he was awarded the Purple Heart or that he was wounded or treated for wounds as a result of hostile action.  Additionally, the Board noted the applicant's combat parachute jump recognized by 173d Airborne Brigade General Orders 444, dated 12 March 1967.

3.  The Board considered the Letter of Recommendation submitted by his former Brigade Provost Marshal.  However, the Board determined that this letter is insufficient evidence to verify a wound was received in hostile action, the wound required medical treatment and the wound was a matter of official record.

4.  The Board also noted the applicant's signature of authentication on the applicable DD Form 214 which does not reflect the Purple Heart and no record of his name listed on the Vietnam Casualty Roster.

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 either 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:

________  ________  _  KYF __  GRANT

________  ________  ________  GRANT FORMAL HEARING

__TSK __  __MHM__  ________  DENY APPLICATION

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

INDEX

CASE ID	AR2002082384	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20030701	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY	GRANT	
ISSUES         1.	107.0015.0000	
2.		
3.		
4.		
5.		
6.