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ARMY | BCMR | CY2001 | 2001058603C070421
Original file (2001058603C070421.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 16 October 2001
         DOCKET NUMBER: AR2001058603

         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. Joyce A. Wright Analyst


The following members, a quorum, were present:

Mr. Raymond V. O’Connor, Jr. Chairperson
Ms. Regan K. Smith Member
Mr. Donald P. Hupman 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 received injuries to his right ear and shrapnel
to his right side on 10 December 1967, and injured his right wrist in 1968. In support of his application he submits a copy of his DD Form 214 (Report of Transfer or Discharge) and a newspaper clipping from the American Traveler.

EVIDENCE OF RECORD: The applicant's military records show he was inducted on 9 March 1967, as a light weapons infantryman (11B). He served
in Vietnam from 5 August 1967 to 31 July 1968, and was honorably discharged on 8 March 1969.

His discharge document does not show the Purple Heart as an authorized award.

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, or medical records to indicate that he was wounded or treated for wounds as a result of hostile action.

His DA Form 20 (Enlisted Qualification Record) does not show any entry in item 40 (Wounds) or list the Purple Heart in item 41 (Awards and Decorations).

The applicant provided a copy of a newspaper clipping from the American Traveler which stated that a grenade blew the applicant out of a bunker
entrance, giving him a rough push to safety, but not wounding him.

Army Regulation 600-8-22 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.

Information provided by the Awards Branch of the Total Army Personnel Command revealed that the applicant’s name did not appear on the Vietnam Casualty Roster for a wound during the time frame of 1967-1968.

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 notes the applicant’s contentions that he received injuries to his right ear and shrapnel to his right side on 10 December 1967, and injured his right wrist in 1968. However, there is no evidence in the available record, and the applicant has provided no evidence, to show that his injuries were the result of hostile action.
2. The Board considered the newspaper clipping from the American Traveler which stated that a grenade blew the applicant out of a bunker entrance,
giving him a rough push to safety, but not wounding him. However, the article clearly stated that he was not wounded and is not sufficient by itself as a basis for award of the Purple Heart. Therefore, there is insufficient evidence to support the award of the Purple Heart to the applicant.

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

__ro____ ___rs___ __dh____ DENY APPLICATION



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




INDEX

CASE ID AR2001058714
SUFFIX
RECON
DATE BOARDED 20011016
TYPE OF DISCHARGE HD
DATE OF DISCHARGE 19721102
DISCHARGE AUTHORITY AR 635-40, C, 5
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY
ISSUES 1. 61
2.
3.
4.
5.
6.


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