MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:            22 October 1998  
	DOCKET NUMBER:   AC98-10666

	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 he be awarded the Purple Heart.

APPLICANT STATES:  That he was wounded in a convoy while serving in Vietnam and he believes that he should have been awarded the Purple Heart.  He further states that he has submitted evidence to show that he was wounded and that his records will show the same.

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

The applicant retired for length of service in the pay grade of CW4 on 31 May 1982 after serving 30 years of total active service.

His records show that he served as an automotive maintenance technician  in Vietnam from 12 September 1965 to 12 September 1966 and from 28 March 1968 to 29 March 1969.  He was awarded the Vietnam Campaign Medal, the Bronze Star Medal, the Republic of Vietnam Gallantry Cross with Palm, and the Vietnam Service Medal.

The applicant’s medical records were not available for review with his Official Military Personnel File (OMPF).  However, a review of his OMPF failed to reveal that the applicant had ever been wounded.  Although the applicant contends that he has submitted evidence to show that he was wounded or that he is entitled to an award of the Purple Heart, no such evidence was received by the Board with his application.

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, since the Board is not an investigative agency, and since the applicant has not submitted evidence to show that his records are in error or that an injustice has occurred, the Board must presume that his record is correct. 

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