MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:            9 December 1998
	DOCKET NUMBER:   AC98-12051

	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.	Deyon D. Battle		Analyst	

	The following members, a quorum, were present:

	Ms.	June Hajjar		Chairperson	
	Mr.	Fred N. Eichorn		Member	
	Mr.	Thomas B. Redfern, III		Member	

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	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:  The award of the Purple Heart.

APPLICANT STATES:  That he was wounded in his right leg and in his right arm while he was in the Republic of Vietnam.  

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

On 23 July 1969, he was inducted in the Army and he successfully completed his training as a field artillery crewman.

The applicant served in Vietnam from 22 December 1969 to 21 February 1971.  A review of the available records fails to reveal that the applicant was wounded as a result of hostile action or that orders were ever prepared awarding him the Purple Heart.

He was honorably discharged on 25 February 1971 and he was transferred to the USAR.  He had completed 1 year, 7 months and 3 days of total active service.

Army Regulation (AR) 600-8-22 provides, in pertinent part, that the primary requirement for award of a decoration is that a formal recommendation be prepared and introduced into official military channels within 2 years of the act, achievement, or service to be recognized.  The sole exception to the 2-year time limit occurs when there is conclusive evidence that a formal recommendation was submitted but was lost, or through inadvertence was never acted on by proper authority.

That regulation also provides that the Purple Heart is awarded for a wound sustained as a direct 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.  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.

2.  There is no evidence of record, nor has the applicant submitted any evidence to support his contention that he was wounded while he was in the Republic of Vietnam or that his wound met the criteria contained in AR 600-8-22 for awarding the Purple Heart.

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____  ___fe___  ___tbr___  DENY APPLICATION

						Loren G. Harrell
						Director