MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:           10 November 1998                          
	DOCKET NUMBER:   AC98-10196

	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. Lee Cates		Analyst	

  The following members, a quorum, were present:

	Mr. Calvin M. Fowler		Chairperson	
	Ms. Irene E. Wheelwright		Member	
	Ms. Margaret K. Patterson 		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:  That his records be corrected to show his entitlement to award of the Combat Artillery Badge (sic) and the Purple Heart.

APPLICANT STATES:  That he was in Vietnam for 18 months and was hurt twice while in the service.

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

The applicant enlisted in the Army on 18 April 1968.  He completed his required training and was awarded military occupational specialty (MOS) 13A (Field Artillery Basic).  He served in Vietnam from 17 July 1969 to 2 January 1971, in his assigned MOS.

There is no evidence in the applicant’s personnel records which shows that he was wounded or awarded he Purple Heart.  There is no medical evidence that the applicant was treated for wounds resulting from hostile action.

Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that he 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.

Army Regulation 600-8-22 (Military Awards), does not show the Combat Artillery Badge as an authorized award; therefore, it is not discussed further in this memorandum.

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 which shows he was wounded or treated for wounds due to hostile action; therefore, he is not entitled to award of the Purple Heart.

2.  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

CMF_____  IEW____  MKP____  DENY APPLICATION

						Loren G. Harrell
						       Director