MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           14 April 1999
	DOCKET NUMBER:   AR1998013879

	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:

	Ms. Karen L: Wolff		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. Thomas B. Redfern, III		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 he should be awarded the Purple Heart for “injuries received while assigned with the US Army Depot Long Binh and the US Army Depot Saigon January 14th, 1967.”  In support of his application, he submitted a summary of information on his unit and the 11th Armored Cavalry Regiment and a copy of a medical record. 

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

The applicant entered active duty on 23 November 1965 and completed training as supply specialist.  He served in Vietnam from November 1966 to October 1967.  He was honorably discharged on 22 November 1968.

The applicant’s DD Form 214 (Report of Transfer or Discharge) does not show the Purple Heart as an authorized award.  There are no orders in the applicant’s records which show that he was awarded the Purple Heart.  

The applicant’s DA Form 20 (Enlisted Qualification Record) contains no entry in item 40 (Wounds) and does not list the Purple Heart in item 41 (Awards and Decorations).  This form was audited by the applicant on 22 November 1967 which was after his return from Vietnam.

The applicant submitted a copy of a Standard Form 600 (Chronological Record of Medical Care) which shows that he was treated on 14 January 1967 at the Regimental Dispensary of the 11th Armored Cavalry Regiment in Vietnam.  There are two entries on this form.  The first entry is “Blister on Finger + Hurt Knee”.  The second entry is Small blister on (L) finger no RX needed now”.

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 in the applicant’s records which shows that he was awarded the Purple Heart.

2.  The Board noted the medical record provided by the applicant.  However, this document does not indicate that he was wounded or injured as a result of hostile action.  There is no other evidence in the records available to the Board which shows that 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

KLW____  AAO_____  TBR____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1998013879	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990414	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19681122	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON	ETS	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.