MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           1 October 2002    
	DOCKET NUMBER:   AR2002074869

	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. Raymond V. O’Connor		Chairperson	
	Ms. Margaret K. Patterson		Member	
	Mr. Arthur A. Omartian		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, as the widow of a deceased former service member (FSM), that her husband’s military records be corrected to show that he served in Vietnam.  She also requests that her late husband be awarded the Purple Heart for wounds sustained in Vietnam. 

APPLICANT STATES:  In effect, that her husband served in Vietnam at a time when U.S. soldiers were not supposed to be in the region and that his time spent in Vietnam was a covert action.  She contends that not only was her husband required to serve in Vietnam, he was injured during a mortar attack and suffered a concussion, and that he attributed his loss of hearing on the right side to the injuries he suffered.  She further contends that her husband was air lifted to receive medical treatment, that he had scars on his neck and right shoulder and that he told every doctor of the mortar attack injury in the course of providing his medical history.  In support of her application, she submits a letter of explanation, dated 8 April 2002; a copy of the FSM’s DD Form 214 (Report of Transfer or Discharge); a copy of their Marriage Certificate; a copy of the FSM’s Death Certificate; a medical record, dated 6 January 1999; a medical record, dated 
4 December 1997; a letter, dated 4 October 2001; a clinical record cover sheet, dated 14 November 1960; and copies of the FSM’s service personnel records. 

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

The FSM was inducted on 12 March 1959.  He served as a machine accounting specialist and was honorably released from active duty on 28 February 1961.

The FSM’s DD Form 214, which was authenticated in his own hand, does not show that he served any foreign service.  

There is no evidence in the FSM’s service personnel records that he served in Vietnam. 

Section 5 (Service Outside Continental United States) on the FSM’s DA Form 24 (Service Record) is blank.

Item 29 (Foreign Service) on the FSM’s DA Form 20 (Enlisted Qualification Record) is blank.

The FSM’s DD Form 214 does not show the Purple Heart as an authorized award. 

There is no evidence in the FSM’s service personnel records that he was awarded the Purple Heart or was wounded as a result of hostile action.

Item 27 (Wounds Received as a Result of Action with Enemy Forces) on the FSM’s DD Form 214 shows the entry, “None.” 
Section 9 (Medals, Decorations, and Citations) on the FSM’s DA Form 24 (Service Record) does not reflect entitlement to the Purple Heart and Section 
8 (Wounds Received Through Enemy Action) is blank. 

Evidence of record shows that on 18 January 1961 the FSM underwent a separation physical examination which makes no mention of any wounds sustained as a result of hostile action.

In support of her claim for award of the Purple Heart, the applicant provided an Initial Assessment/Adult Patient, dated 6 January 1999.  This medical record shows that the FSM reported that he sustained a concussion from a mortar shell. She also provided a copy of a hearing test, dated 4 December 1997. 

Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214.  In pertinent part, it directs that foreign service performed during the period covered by the DD Form 214 will be entered in item 24c.  The regulation also states that the amount of foreign service will be taken from the soldier’s Enlisted Qualification Record or, if necessary, verified from the soldier’s Military Personnel Records Jacket.

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.  There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that the FSM served in Vietnam.  Therefore, there is no basis for amending the FSM’s military records to show that he served in Vietnam.

2.  There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that the FSM was wounded or treated for wounds as a result of hostile action.  

3.  Evidence of record does show that the FSM signed his discharge document on 28 February 1961 attesting to the fact that he was not wounded as a result of action with enemy forces and was not entitled to award of the Purple Heart.  Therefore, the Board determined that there is insufficient evidence on which to base award of the Purple Heart in this case.
4.  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.

5.  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

RVO___  MKP_____  AAO_____  DENY APPLICATION

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

INDEX

CASE ID	AR2002074869	
SUFFIX		
RECON		
DATE BOARDED	20021001	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	113.0000	
2.	107.0015	
3.		
4.		
5.		
6.