MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           28 July 1999
	DOCKET NUMBER:   AR1998013641

	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. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Ms. Lana E. McGlynn		Member	
	Ms. Margaret V. Thompson		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 a letter of explanation that he served in Vietnam from 23 July 1968 to 23 July 1969.  He states that in December 1968 his unit engaged the enemy and he sustained fragmentation wounds to the thigh from an enemy hand grenade.  The applicant further states that after evacuation of the casualties, he borrowed tweezers from a medical aidman and removed the fragments from his thigh.  He contends that he never requested the Purple Heart “because [he] lived and others died and there has always been a small amount of guilt within [him]”.

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

The applicant entered active duty on 26 February 1968.  He completed over 20 years of active service and was separated for the purpose of retirement in the rank of sergeant first class on 31 August 1991.

The applicant’s records contain four discharge documents (DD Form 214).  None of these DD Forms 214 show the Purple Heart as an authorized award.  

The applicant’s service personnel records do not contain any orders which show that he was ever awarded the Purple Heart.  There is no evidence in available medical records which shows that he was wounded or treated for wounds as a result of hostile action.

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.

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 of record which shows that the applicant was ever awarded the Purple Heart.

2.  Notwithstanding his own statement, there is no evidence the applicant was wounded or treated for wounds as a result of hostile action.

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

FNE____  LEM_____  MVT____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1998013641	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990728	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19910831	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON	RETIREMENT	
BOARD DECISION	DENY	
REVIEW AUTHORITY	MR HARRELL	
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.