MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            1 July 2003
	DOCKET NUMBER:   AR2002078600

	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. Richard P. Nelson		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 as a result of combat service in the Republic of Vietnam.

APPLICANT STATES:  That he was wounded and treated for metal fragments from a grenade during an attack on the base camp at Bear Cat, Republic of Vietnam, on 6 January 1966.  He states that he has a scar on his right hand, between the first and second fingers, and a scar on the “reverse” side of his right arm from his wrist to his elbow.  In support of his request, the applicant has submitted a copy of an entry in his medical records, dated 6 January 1966.

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

The applicant enlisted in the United Sates Army on 26 July 1961.  He initially trained as an infantryman, then transferred to the logistics field, where he spent the remainder of a 30 year career.  He attained the rank of Master Sergeant prior to being appointed a Warrant Officer on 25 June 1976.  The applicant served in various assignments around the world, with overseas tours in Vietnam, Korea, Germany, and Southwest Asia.  He retired from the Army as a Chief Warrant Officer Four on 30 September 1991 after completing over 30 years and 2 months of active federal service.

Three of the applicant’s DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge), all of which were completed after the date of the incident of 6 January 1966, and all authenticated in the applicant’s own hand, do not show award of the Purple Heart in item 24 (Decorations, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized).

There is no evidence in the applicant’s service personnel records which shows that he was wounded, or treated for wounds, as a result of hostile action.  There are no orders in the applicant’s service personnel records which show that he was awarded the Purple Heart and the applicant did not provide a copy of orders or an award certificate in support of his claim for this award.  The applicant’s name is not listed on the Vietnam Casualty Roster.

The applicant has submitted a copy of a medical treatment form.  On the form, he has highlighted a single line which contains the following handwritten entry “6 Jan 66 Bn Aid 2/18 Inf APO 96345.” There are no other entries associated with that date.  There is no evidence of wounds received or of medical treatment administered on that date, or on any other date.  Nowhere on the form is there mention of a wound, or treatment of a wound.

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.  The Board considered the applicant’s request for award of the Purple Heart and the document submitted in support of his request.  There are no orders in the applicant’s records which award him the Purple Heart.  There are no entries in his DD Forms 214 that show award of the Purple Heart and there is no evidence that the applicant was wounded, or treated for wounds as a result of hostile action during his service in Vietnam.

2.  The Board notes the copy of an entry made on a medical treatment form at the battalion aid station on 6 January 1966.  However, the Board also notes that the entry does not make mention of a wound, it does not refer to enemy action or hostile fire, and there is no record of medical treatment.

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 this 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

___TSK__  __MM___  __KF ___  DENY APPLICATION

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

INDEX

CASE ID	AR2002078600	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	YYYYMMDD	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY	1124	
ISSUES         1.	107.0015.0000	
2.		
3.		
4.		
5.		
6.