MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            20 May 1999                 
	DOCKET NUMBER:   AR1998013959

	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. Beverly A. Young		Analyst	

  The following members, a quorum, were present:

	Mr. Ernest M. Willcher		Chairperson	
	Mr. Hubert O. Fry, Jr.		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:  Correction of his records to show award of the Purple Heart.

APPLICANT STATES:  That after he was wounded, all the information was given to the Red Cross, but it was never put in his military records.  In support of his application, he submits a copy of the Department of Veterans Affairs (DVA) Rating Decision, a statement from a fellow soldier in the applicant’s unit in Vietnam and a copy of his DD Form 214 (Report of Transfer or Discharge).

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

The applicant was inducted on 5 February 1969, completed infantry training and served in Vietnam from 30 December 1969 to 21 November 1970.  He was honorably discharged from active duty in the grade of sergeant (SGT) on 24 November 1970. 

The applicant’s DD Form 214, which is authenticated in his own hand, does not show the Purple Heart as an authorized award.  His DA Form 20 (Enlisted Qualification Record) does not show any wounds sustained as a result of hostile action. 

There is no evidence in the applicant’s records which show he was awarded the Purple Heart or treated for wounds due to hostile action.

The DVA Rating Decision indicates that the applicant stated that he had sustained a gunshot wound to his right arm.  The VA examination revealed that the scar was “hypothetic”.  

The applicant’s personnel records show that on 24 November 1970, he underwent a mental status evaluation and a separation medical examination and was found fit for separation with a physical profile of 111111.  

The statement by the fellow soldier indicates that he was a field medic for the applicant’s platoon from February 1970 through October 1970.  He also states that the applicant received a gunshot wound to his right elbow area on 10 May 1970.  However, this statement does not indicate that he was an eye witness or treated the applicant’s gunshot wound.

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 available to the Board which shows that the applicant was awarded the Purple Heart or was wounded or treated for wounds due to hostile action.  Therefore, the applicant is not 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.  The applicant has failed to submit evidence that would satisfy the aforementioned 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

EMW____  HOF____  MVT____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1998013959	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990520	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.