MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:                              
	DOCKET NUMBER:       AR1998013803

	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	
	Mr. W. E. Schnupp		Analyst	

  The following members, a quorum, were present:

	Ms June Hajjar. 		Chairperson	
	Mr. Robert W. Garrett		Member	
	Ms. Deborah S. Jacobs		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 he be awarded the Purple Heart.

APPLICANT STATES:  His left knee was seriously re-injured during a rocket attack.  He always thought that you had to be wounded, not injured to receive the Purple Heart.

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

He enlisted in the Regular Army for 3 years on 7 December 1966 and after       10 months and 7 days service he reenlisted.  He was trained as an administrative specialist and served in Vietnam with the 1st Signal Brigade from 12 October 1968 to 11 October 1969.  He was honorably discharged on 21 August 1970 in pay grade E-5 under provisions of the early release program for students to return to school.

His awards include the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal and the Expert Badge with M-14 rifle bar.

The applicant’s Enlisted Qualification Record contains no entries to indicate that he was injured as a result of hostile action.  The available medical records to include his separation physical examination contain no information concerning an injury during his service. 

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 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.  The applicant’s records contain no evidence of a injury and he has provide no evidence to substantiate his contention that he was injured as a result of hostile action and entitled to the Purple Heart.

2.  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.  He has failed to submit evidence that would satisfy this requirement.

3.  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

_JH_____  _RWG___  _DSJ___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR 1998013803	
SUFFIX		
RECON		
DATE BOARDED	19990120	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19700821	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.