MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:            22 October 1998 
	DOCKET NUMBER:   AC98-10420

	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. 	Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Ms.	June Hajjar		Chairperson	
	Mr.	Fred K. McCoy		Member	
	Ms.	Shirley L. Powell		Member	

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	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 that he was awarded the Purple Heart.

APPLICANT STATES:  That he was awarded the Purple Heart for combat injuries he received in Vietnam in 1969; however, it was never annotated on his report of separation (DD Form 214).  He also states that he has misplaced the citation and the medal.

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

The applicant was inducted on 27 March 1968 in San Antonio, Texas.  He successfully completed his training as a light weapons infantryman and was transferred to Vietnam on 30 August 1968.

He continued to serve in Vietnam and was awarded the Combat Infantryman Badge, the Air Medal, the Army Commendation Medal, the Vietnam Service Medal, and the Vietnam Campaign Medal with “60” device.

Upon completion of his tour in Vietnam, he was transferred to Fort Carson, Colorado on 26 August 1969.  He continued to serve at Fort Carson until he was honorably released from active duty in the pay grade of E-4 on 26 March 1970.  He had served 2 years of total active service.

A review of the applicant’s records (201 File) failed to show that the applicant was ever wounded or that he was ever awarded the Purple Heart.

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 a result of hostile action, that the wound required treatment by a medical officer, and that the medical treatment was 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.  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.

2.  There is no evidence in the available records to show that the applicant was ever wounded or that he was awarded the Purple Heart.  Therefore, there is no basis for the Board to correct his records as he is requesting. 

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

__jh ____  __fkm___  __slp____  DENY APPLICATION

						Loren G. Harrell
						Director