MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 21 August 2001
         DOCKET NUMBER: AR2001058618

         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. Joseph A. Adriance		Analyst

The following members, a quorum, were present:

Mr. James E. Vick		Chairperson
Ms. Barbara J. Ellis		Member
Mr. William D. Barr		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, that the Purple Heart (PH) be added to his record.

APPLICANT STATES: In effect, that he was awarded the PH while hospitalized but it was never added to his record. He claims that there are reports that verify he received a shrapnel wound. He concludes that he would like to be provided the award in order to give it to his son.

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

On 16 August 1968, he was inducted into the Army of the United States for
2 years. He successfully completed basic training at Fort Knox, Kentucky and advanced individual training (AIT) at Fort Sill, Oklahoma. Upon completion of AIT he was awarded military occupational specialty 13A (Cannoneer) and assigned to the Republic of Vietnam (RVN).

On 10 January 1969, he arrived for duty in the RVN and was assigned to
A Battery, 6 Battalion, 14^th Artillery for duty as a cannoneer. He served there until 9 January 1970, at which time he was reassigned to Fort Bragg, North Carolina where he served until his separation from active duty.

The applicant’s Enlisted Qualification Record (DA Form 20) confirms that during his active duty tenure he earned the National Defense Service Medal (NDSM), Vietnam Service Medal (VSM), RVN Campaign Medal (RVNCM), Army Commendation Medal (ARCOM), and 2 Overseas Bars. It also shows that during his tenure in the RVN he participated in 3 campaigns; however, block
40 (wounds) contains no entry indicating that he was ever wounded or injured in action. Further, block 38 (record of assignments) gives no indication that he was ever placed in a patient status at a military hospital during his tenure on active duty. Block 48 (date of audit) confirms that he audited his record on 30 March 1970, thereby, verifying the entries contained therein.

In addition, the applicant’s Military Personnel Records Jacket (MPRJ) contains no orders or documents that suggest the applicant was ever recommended for or awarded the PH. Further, it contains no documentary evidence to show he was ever wounded in action or hospitalized as a result.

On 14 August 1970, the applicant was released from active duty and transferred to the United States Army Reserve (USAR) to complete his military service obligation. The record contains a separation document (DD Form 214), which documents his active duty service, which he authenticated with his signature in block 32 (signature of person being transferred or discharged).

---

The DD Form 214 confirms that on the date of his separation he held the rank of specialist four and that he had completed a total of 1 year, 11 months, and
29 days of active military service. It also lists the following awards he earned during his active duty tenure: NDSM; ARCOM; VSM; RVNCM; and the Army Good Conduct Medal (AGCM). There are no entries in this document that indicate that the applicant was entitled to the PH on the date of his separation nor does it confirm that he was ever wounded or injured during his tenure on active duty.

The applicant provided copies of medical evaluation documents from the Department of Veterans Affairs (VA), which seem to have been prepared in 1975. These documents indicate he had a superficial scar just above the left breast, which was the inlet of a shrapnel fragment wound and that there was a small metallic foreign body overlying the left lower lung field. He also provided a copy of the clinical evaluation portion of a military physical examination that lists a scar that he highlights. However, this examination is dated 14 August 1968, and was conducted for the purpose of induction.

Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual military awards. Paragraph
2-8 contains the regulatory guidance pertaining to awarding the PH. It states, in pertinent part, that the PH is awarded to any member wounded or killed while engaged in action against an armed enemy or hostile force.

Paragraph 9-8b (2) defines a wound as an injury to any part of the body from an outside force or agent while engaged in action against the enemy. It also specifically states that in order to support awarding a member the PH, it is necessary to establish that the wound, for which the award is being made, required treatment by a medical officer. This treatment must be supported by records of medical treatment for the wound or injury received in action, and 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. By regulation, in order to support awarding a member the PH, it is necessary to establish that the wound, for which the award is being made, required treatment by a medical officer and this treatment must have been made a matter of official record. The evidence of record contains no information that supports the applicant’s claim of entitlement to the PH. It is void of entries that would verify he was ever wounded in action or a patient in a military hospital. Further, there are no documents on file in the MPRJ that suggest he was ever recommended for or awarded a PH during his active duty tenure.
2. The Board notes the VA documents provided by the applicant contain statements indicating that he has a scar on the left breast that was the inlet of a shrapnel fragment wound and that there was a small metallic foreign body overlying his left lower lung field. However, there is no official record supporting the conclusion that this scar or object was the result of his having been wounded or injured in action against an enemy force.

3. Further, the copy of the clinical evaluation portion of the military physical examination the applicant provided, in which, he highlights a scar entry was dated 14 August 1968 and was done for the purpose of induction. This only serves to confirm that the highlighted scar existed prior to his entering active duty and could not have been the result of his wounded in action.

4. Given the regulatory burden of proof required to establish entitlement to the PH and lacking any independent evidence or evidence of record that confirms the applicant was wounded or injured in action, the Board is compelled to conclude that relief is not warranted in this case.

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

__JEV___ __BJE __ __WDB___ DENY APPLICATION

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

---

INDEX

CASE ID	AR2001058618
SUFFIX
RECON
DATE BOARDED	2001/08/21
TYPE OF DISCHARGE	HD
DATE OF DISCHARGE	1970/08/14
DISCHARGE AUTHORITY	AR 635-200
DISCHARGE REASON	ETS
BOARD DECISION	DENY
REVIEW AUTHORITY
ISSUES 1. 61	107.0015
2.
3.
4.
5.
6.