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ARMY | BCMR | CY2001 | 2001058909C070421
Original file (2001058909C070421.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 25 September 2001
         DOCKET NUMBER: AR2001058909

         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
Mrs. Nancy Amos Analyst


The following members, a quorum, were present:

Mr. John N. Slone Chairperson
Mr. Lester Echols Member
Mr. Ronald E. Blakely 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 he be awarded the Purple Heart.

APPLICANT STATES: That he was injured by enemy fire while in aerial flight on a combat support mission in October 1969. He was treated at the dispensary at Camp Holliway. He provides no supporting evidence.

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

He enlisted in the Regular Army on 10 May 1965. He served three tours in Vietnam. His second tour was from on or about 23 January 1969 through 16 January 1970. During this tour he was first assigned to Battery B, 2d Battalion 94th Artillery as a cannoneer and switchboard operator. On 5 May 1969, he was assigned to the 179th Aviation Company as a doorgunner and transport helicopter flight engineer.

The applicant’s Enlisted Qualification Record, DA Form 20, item 40, does not show that he was ever wounded. His service medical records are not available.

The applicant was separated on 18 December 1973.

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 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. The Board is cognizant of the applicant’s long service in Vietnam; however, there is no evidence of record and he provides none to show he was wounded in action.

2. 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___ __le____ __reb___ DENY APPLICATION



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



INDEX

CASE ID AR2001058909
SUFFIX
RECON
DATE BOARDED 20010925
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION (DENY)
REVIEW AUTHORITY
ISSUES 1. 107.0015
2.
3.
4.
5.
6.


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