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ARMY | BCMR | CY2001 | 2001060678C070421
Original file (2001060678C070421.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE:
         DOCKET NUMBER:

         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. Vic Whitney Analyst


The following members, a quorum, were present:

Ms. Irene N. Wheelwright Chairperson
Mr. Hubert O. Fry, Jr. Member
Mr. Donald P. Hupman, Jr. 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 the Purple Heart be added to his authorized awards.

APPLICANT STATES: The applicant provides no documentation or information on when, how, or where he was wounded or treated for his wounds. He provides a copy of a letter from his former unit concerning his Purple Heart.

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

He enlisted and entered active duty on 19 March 1970. He completed infantry training and was assigned to Vietnam from 1 September 1970 to 1 September 1971. Effective 13 January 1972, he was separated from active duty in the pay grade of E-5 and transferred to the Reserve Components. His DD Form 214 (Report of Transfer or Discharge) does not show the Purple Heart as an authorized award.

The applicant wrote to his former unit requesting orders for the Purple Heart. In a 1 March 1972 reply to his request, the company executive officer stated that orders could not be located but the General Order Number was 7596. It was recommended that the applicant write to the Adjutant General of the Army for a copy of the orders.

A 7 August 1972 memorandum to the applicant from the Office of The Adjutant General provided orders, citations, and certificates for awards listed on his DD Form 214. The memorandum was silent on the subject of a Purple Heart.

On 13 September 1983, the applicant completed a medical history prescreening form for reenlistment in the Army Reserve. The only hospitalizations or injuries he listed were for a ruptured navel at age one and a broken shoulder in 1982. His 17 September 1983 Report of Medical History shows that he was hospitalized for a broken collar bone at age 31. Neither document makes mention of a wound or injury as a result of enemy action in Vietnam.

A review of the historical files at the National Archives shows that General Order Number 7596 awarded an Air Medal to an officer on 1 July 1971. Additionally, the applicant is not listed on the Vietnam Casualty Roster.

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. Notwithstanding the 1 March 1972 letter from his former unit concerning a Purple Heart General Order, there is no credible evidence of record, or evidence provided by the applicant, to show that he was wounded or injured as a result of enemy action, that he was treated for a wound or injury, or that he was entitled to an award of the Purple Heart.

2. None of the medical evidence of record indicates that the applicant was treated for a wound or injury while in Vietnam or that there was evidence of residuals of a wound or injury as a result of enemy action.

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

_dph____ _inw____ _hof____ DENY APPLICATION




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




INDEX

CASE ID AR2001060678
SUFFIX
RECON
DATE BOARDED 20020115
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY
ISSUES 1. 107.00
2.
3.
4.
5.
6.


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