MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:           15 April 2003   
	DOCKET NUMBER:   AR2002080769

	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. W. W. Osborn, Jr.		Analyst	

  The following members, a quorum, were present:

	Ms. JoAnn H. Langston		Chairperson	
	Mr. Richard T. Dunbar		Member	
	Ms. Yolanda Maldonado		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:  That his military records be corrected to show that he was awarded the Purple Heart.

APPLICANT STATES:  He was wounded in the left hand in November 1967 and needs the Purple Heart to qualify for a special state vehicle license tag and for Department of Veterans Affairs (VA) benefits.

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

On 9 September 2001 he applied to this Board for award of the Combat Infantryman Badge.  Neither his application nor the record of the Board's favorable proceedings in that case (AR2001063079) made any mention of the Purple Heart.  

The applicant was inducted on 29 November 1967, completed training as a rifleman, served in Vietnam from May 1968 to May 1969 and was discharged on 29 November 1969 at the expiration of his term of service.  His DD Form 214 (Report of Transfer or Separation) does not list the Purple Heart as an authorized award.  Block 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) is blank and block 41 (Awards and Decorations) does not list the Purple Heart.  The report of his 16 November 1969 separation medical examination does not mention any wound sustained as the result of enemy action.  

The Vietnam Casualty List does not list the applicant as a combat casualty.

Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against an enemy or 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 by a medical officer, 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.  In the absence of any substantiating evidence that the applicant was treated for a wound sustained while in action against an enemy or as a result of hostile action award of the Purple Heart is not appropriate.

2.  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.

3.  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

_JHL ___  __RTD___  __YM___  DENY APPLICATION

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

INDEX

CASE ID	AR2002080769	
SUFFIX		
RECON		
DATE BOARDED	20030415	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.