MEMORANDUM OF CONSIDERATION

	IN THE CASE OF: 

	BOARD DATE:            26 May 1999       
	DOCKET NUMBER:   AR1998013696

	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. Mark D. Manning		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Ms. Barbara J. Ellis		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 Bronze Star Medal (BSM) with “V” Device and two awards of the Purple Heart (correctly known as the Purple Heart with First Oak Leaf Cluster). 

APPLICANT STATES:  In effect, that he should be awarded the BSM with “V” Device and one Purple Heart for actions demonstrated and wounds received during enemy contact on 13 January 1970.  He also contends that he sustained wounds during enemy contact on 10 May 1970.  In support of his application, he submits a 25 February 1998 personal letter, a statement regarding incident of
13 January 1970, a statement regarding incident of 10 May 1970, five photographs depicting the areas where the two incidents took place, three letters from the applicant to his wife informing her of his wounds/injuries (dated
14 January 1970, 16 January 1970 and 9 February 1970), two eyewitness statements (dated 8 March 1991 and 4 March 1991) attesting that the applicant sustained wounds on 13 January 1970, a 24 June 1970 letter to his parents referring to scar tissue on his right ear, two letters of commendation (dated
7 February 1970 and 9 February 1970), a newspaper article (dated 29 May 1970), two maps showing the area depicting the incident of 13 January 1970, a Veterans Affairs (VA) Identification Card issued on 20 September 1970, a letter from the applicant’s wife, a 17 March 1995 letter from the VA stating establishment of permanency of total evaluation for service connected Post Traumatic Stress Disorder, a 14 May 1994 letter from the Social Security Administration notifying the applicant of the Board finding of total disability, and a 1 December 1994 letter from the Agent Orange Veteran Payment Program indicating that the applicant met the court established criteria for Agent Orange Disability.     

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

The applicant enlisted on 17 February 1969 for a period of 2 years.  He successfully completed basic training at Fort Leonard Wood, Missouri, and was transferred to Fort Gordon, Georgia, for advanced individual training (AIT) on
12 May 1969.  Upon completion of AIT, he was transferred to Vietnam for duty as an infantry indirect fire crewman.  He served in Vietnam from 3 August 1969 until he was honorably discharged on 20 September 1970.   

The applicant’s DD Form 214 (Report of Transfer or Discharge), which was authenticated in his own hand, does not show the BSM with “V” Device or any award of the Purple Heart.  The Board notes the applicant’s DD Form 214 does show award of the BSM and his personnel records contain orders which indicate the BSM was awarded for meritorious service in connection with military operations against a hostile force during September 1969 to September 1970.

There is no evidence in the applicant’s personnel records that he was recommended for or awarded the BSM with “V” Device.  There were no orders for award of the BSM with “V” Device issued to the applicant by his unit.    

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.  

The applicant’s separation examination conducted on 20 September 1970 states that “Since my last physical my condition has changed.  My hearing has been impaired in my right ear since Jan 13” [January].  There is no evidence that this condition is the result of hostile action.  The applicant was found qualified for separation with a physical profile of 111111.    

Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.  The bronze “V” device indicates acts of heroism involving conflict with an armed enemy.

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. The bronze oak leaf cluster is awarded to denote the second and succeeding awards of a certain decorations, among which is the Purple Heart.

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.  Although the applicant contends that he should be awarded the BSM with “V” Device for his actions on 13 January 1970; there is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he was recommended for or awarded the BSM with “V” Device.  Therefore, he is not entitled to correction of his military records to show this award.   

2.  The Board noted the applicant’s contentions that he was wounded during combat on 13 January 1970 and 10 May 1970 in Vietnam.  The Board also noted the two eyewitness statements attesting that the applicant sustained wounds on
13 January 1970.  However, there is no evidence of record available to the Board which shows he was wounded or treated for wounds sustained by hostile action in Vietnam. 

3.  The preponderance of evidence in this case shows that he was not wounded or otherwise entitled to any award of the Purple Heart.  Therefore, he is not entitled to award of the Purple Heart with First Oak Leaf Cluster. 

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 the aforementioned 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

MDM____  AAO____  BJE_____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1998013696	
SUFFIX		
RECON		
DATE BOARDED	19990526	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19700920	
DISCHARGE AUTHORITY	AR 635-200 CHAPTER 5	
DISCHARGE REASON	OVERSEAS RETURNEE	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107	
2.		
3.		
4.		
5.		
6.