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Decision Text

ARMY | BCMR | CY2003 | 2003087847C070212
Original file (2003087847C070212.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


                  IN THE CASE OF:



                  BOARD DATE: 21 OCTOBER 2003
                  DOCKET NUMBER: AR2003087847

         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. Kenneth H. Aucock Analyst


The following members, a quorum, were present:

Mr. Melvin H. Meyer Chairperson
Mr. William D. Powers Member
Mr. Frank C. Jones II 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: In 1969, prior to his return to the United States from Vietnam, an annotation was made in his records showing award of the Purple Heart. He received shrapnel in his hand and was treated at the 101st Battalion aid station at Camp Eagle. The award was to follow, but he never received it.

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

The applicant was a career Soldier who retired from the Army on 30 November 1989 with more than 20 years of active military service. His DD Form 214 (Certificate of Release or Discharge from Active Duty) does not show award of the Purple Heart.

The applicant's first period of military service was from 20 June 1968 through 16 June 1971. His DD Form 214 for that period shows that he served in Vietnam from 28 March 1969 to 20 March 1970, and that his awards included the Army Commendation Medal, Good Conduct Medal, and the Bronze Star Medal. That form does not show award of the Purple Heart. The applicant signed the DD Form 214 attesting to its accuracy.

The applicant's DA Form 2-1 (Personnel Qualification Record) does not show award of the Purple Heart.

The Vietnam casualty roster maintained by this agency does not show that the applicant was wounded in action.

Army Regulation 600-8-22 provides 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.

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. There is no evidence, and the applicant has not submitted any, to show that he was wounded in action in Vietnam.

2. Consequently, there is insufficient evidence to grant the applicant's request for award of the Purple Heart.

3. The applicant has submitted neither probative evidence nor a convincing argument in support of his request.
4. 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 that requirement.

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

__MHM _ __ WDP_ __FCJ __ DENY APPLICATION



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




INDEX

CASE ID AR2003087847
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20031021
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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