MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            27 May 1999                  
	DOCKET NUMBER:   AR1998013346

	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. Loren G. Harrell		Director	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Edward Williamson		Chairperson	
	Ms. Meta Waller 		Member	
	Mr. Kenneth L. Wright		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 his wound was not reported.  In support of his application, he submits a 27 October 1997 letter from his cousin, a retired Army colonel.  In summary, the retired colonel states that while serving in Vietnam (in the rank of lieutenant colonel) the applicant spent a three-day visit with him in December 1966.  During their visit, the applicant mentioned that in a recent skirmish he believed he had taken a small piece of shrapnel in his back but was not concerned about it.  The retired colonel asked to see it and observed an infected wound on the applicant’s back.  The following day he took the applicant to the hospital at Tan So Nhut Airbase for treatment and the doctor informed him that he had removed a very small piece of metal from the wound.   

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

The applicant enlisted on 27 July 1964 for a period of 3 years.  He served in Vietnam as a light weapons infantryman from 28 January 1966 to 27 January 1967 and was honorably separated on 26 July 1967.

The applicant’s DD Form 214 (Report of Transfer or Discharge), which was authenticated in his own hand, does not show the Purple Heart as an authorized award.

There is no evidence in the applicant’s personnel records that he was awarded the Purple Heart or was wounded as a result of hostile action.  Item 40 (Wounds) of the applicant’s DA Form 20 (Enlisted Qualification Record) is blank.  Item 
41 (Awards and Decorations) does not show entitlement to the Purple Heart.  The applicant’s name does not appear on the Vietnam Casualty Roster.  There were no orders for award of the Purple Heart issued to the applicant by his unit. 
 
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, 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 noted the applicant’s letter from his cousin.  However, this statement made approximately 31 years after the fact is not sufficient by itself as a basis for award of the Purple Heart in view of evidence of record which shows the applicant was not wounded.

2.  There is no evidence available to the Board which shows the applicant was injured or wounded as a result of hostile action in Vietnam.  Therefore, he 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 the aforementioned 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

EW_____  MW_____  KLW____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1998013346	
SUFFIX		
RECON		
DATE BOARDED	19990527	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19670726	
DISCHARGE AUTHORITY	AR 635-200  	
DISCHARGE REASON	EXPIRATION OF TERM OF SERVICE 	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107	
2.		
3.		
4.		
5.		
6.