MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:

	BOARD DATE:           16 December 1998
	DOCKET NUMBER:   AC98-05405
                                              AR1998012147

	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. Ernest M. Willcher		Chairperson	
	Ms. Lana E. McGlynn		Member	
	Ms. Carol Jo Suiter		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:  The Purple Heart was issued to him in Vietnam in the hospital.  He states that his Purple Heart was lost in Vietnam and that his military service records should show that he received the Purple Heart.

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

The applicant entered active duty on 17 January 1968.  He completed training as a heavy truck driver and served his first assignment in Vietnam from 20 September 1968 to 9 September 1969.  He served again in Vietnam from i7 July 1970 to 9 January 1971.  The applicant was honorably discharged on 11 January 1971.

The applicant’s DD Form 214 does not show the Purple Heart as an authorized award.  The applicant’s DA Form 20 (Enlisted Qualification Record) does not show an entry under item 40 (Wounds).  The applicant’s name does not appear on the Vietnam Casualty Roster.  There is no evidence in the applicant’s service medical records or Department of Veterans Affairs medical records which show that he was wounded or treated for wounds due to 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, and the applicant has provided no evidence, which shows he was awarded the Purple Heart or was wounded or treated for wounds resulting from hostile action.  Therefore, the applicant is not entitled to award of 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___  LEM_____  CJS____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC9805405/AR1998012147	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19981216	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.