MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           19 November 2002                   
	DOCKET NUMBER:   AR2002076935

	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. John N. Slone 		Chairperson	
	Ms. Sherri V. Ward 		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.

APPLICANT STATES:  That he was wounded by hostile action in Vietnam and treated by a medic.  In support of his application, he submits numerous copies of his Army medical records. 

COUNSEL CONTENDS:  The American Legion, as counsel for the applicant, points out that the applicant had two tours of duty in Vietnam and has indicated that he was wounded.  Counsel recommends that the applicant be asked to provide additional information to substantiate his claim. 

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

The applicant entered active duty on 31 July 1967.  He served as a cannon crewman in Vietnam from 4 February 1968 through 4 February 1969 and from 
6 February 1971 through 31 December 1971.  He also served in Korea, Turkey and Germany (two tours).  On 7 July 1983, the applicant was permanently retired in the rank of staff sergeant by reason of physical disability. 

The applicant’s DD Form 214 (Report of Transfer or Discharge) with an effective date of 15 October 1969 and his DD Form 214 (Certificate of Release or Discharge from Active Duty) with an effective date of 7 July 1983 do not show the Purple Heart as an authorized award. 

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

His DA Form 20 (Enlisted Qualification Record) does not reflect 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.

Evidence of record shows that in November 1969 the applicant underwent a separation physical examination which makes no mention of any wounds sustained as result of hostile action.

In support of his application, the applicant provided copies of medical records from June 1967 to June 1983.  These medical records fail to show that the applicant was wounded or treated for wounds as a result of hostile action in Vietnam.

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.
Army Regulation 15-185 governs operations of the Army Board for Correction of Military Records (ABCMR).  

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 noted the applicant’s contention that he was wounded by hostile action in Vietnam and treated by a medic.  

2.  There is no evidence in the applicant’s service personnel records which shows that he was wounded or injured as a result of hostile action in Vietnam.

3.  The Board considered the numerous medical records provided in support of the applicant’s claim for award of the Purple Heart.  However, these medical records fail to show that he was wounded or treated for wounds sustained as a result of hostile action.

4.  The applicant signed his discharge documents attesting that he was not entitled to award of 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.  The Board noted counsel’s contention that the applicant should be asked to provide additional information to substantiate his claim for award of the Purple Heart.  However, in accordance with Army Regulation 15-185, the ABCMR will decide cases on the evidence of record.  It is not an investigative body. 

7.  The Board also notes that, in accordance with the governing regulation, the ABCMR may, in its discretion, request additional evidence.  However, the Board determined that there is no basis to request additional evidence at this time.    

8.  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.

9.  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____  SVW____  MHM_____  DENY APPLICATION

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

INDEX

CASE ID	AR2002076935	
SUFFIX		
RECON		
DATE BOARDED	20021119	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.