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ARMY | BCMR | CY2001 | 2001059167C070421
Original file (2001059167C070421.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 11 September 2001
         DOCKET NUMBER: AR2001059167

         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. E. Schnupp Analyst


The following members, a quorum, were present:

Ms. Celia L. Adolphi Chairperson
Mr. Curtis L. Greenway 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 should be awarded the Purple Heart for wounds received while serving on active duty. He provides no evidence in support of his request.

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

He initially served on active duty from August 1956 to August 1959, and after a break in service, reentered active duty again in November 1959 and served continuously until his retirement for physical disability on 10 August 1974. He received training in the medical specialist field and served as an ambulance driver in Korea from June 1957 to September 1958, as a medical assistant with the 4th Infantry Division in Vietnam from July 1966 to January 1967 and as a wardmaster in the 1st Infantry Division, Vietnam, from June 1969 to March 1970. He was placed on the permanent disability retired list for arteriosclerotic heart disease and hypertensive vascular disease on 10 August 1974 in the grade of sergeant first class.

His awards include the Bronze Star Medal with 1st Oak Leaf Cluster and “V” Device, the Good Conduct Medal (5th award), the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal with 1960 Device, the Combat Medical Badge, and the Expert Badge with Rifle Bar.

The applicant’s service record contains no evidence that he was wounded in action or that he was awarded the Purple Heart. Block 40 (wounds) of his Enlisted Qualification Record contains no entries, and the medical history with addendum, prepared in connection with his appearance before a Physical Evaluation Board contains no reference to wounds received in action. Moreover, the citation awarding him the Bronze Star Medal with “V” Device does not refer to his having been wounded in connection with receiving that award.

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 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 record contains no evidence and the applicant has provided no evidence to show that he was wounded as a result of hostile action and should be awarded the Purple Heart.

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 satisfies 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

__cla____ ____dph_ ____clg__ DENY APPLICATION



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




INDEX

CASE ID AR2001059167
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20010911
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION (DENY)
REVIEW AUTHORITY
ISSUES 1. 107.00
2.
3.
4.
5.
6.


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