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ARMY | BCMR | CY2001 | 2001061585C070421
Original file (2001061585C070421.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 6 December 2001
         DOCKET NUMBER: AR2001061585

         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. Fred N. Eichorn Chairperson
Mr. Harry B. Oberg Member
Mr. Thomas A. Pagan 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 for injuries received in combat while serving in Vietnam.

APPLICANT STATES: That he should be awarded the Purple Heart for injuries received in combat while serving in Vietnam. In support of his application, he submits a copy of his DD Form 214 (Report of Transfer or Discharge). He provides no details on how, where, or when he was wounded or the treatment he received.

EVIDENCE OF RECORD: The applicant's military records show he enlisted on 15 March 1968, as a heavy truck driver. He served in Vietnam from 13 August 1968 to 9 August 1969, and was honorably discharged on 12 March 1971.

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 that show 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’s medical records are unavailable for review by this Board.

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 1968-1969.

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 contention that he should be awarded the Purple Heart for injuries received in combat while serving in Vietnam. However, there is no evidence in the available record, and the applicant has provided no evidence, to support his contention.



2. There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he was injured or wounded due to hostile action during Vietnam. Therefore, the applicant is not entitled to award of the Purple Heart.

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

__fe___ ___ho___ ___tp___ DENY APPLICATION



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




INDEX

CASE ID AR2001061585
SUFFIX
RECON
DATE BOARDED 20011206
TYPE OF DISCHARGE HD
DATE OF DISCHARGE 19710312
DISCHARGE AUTHORITY AR 635-200
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY
ISSUES 1. 61
2.
3.
4.
5.
6.


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