MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:        14 October 1998       
	DOCKET NUMBER:   AC98-10763

	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. Deborah L. Brantley			Analyst	

The following members, a quorum, were present:

	Mr. John N. Slone			Chairperson	
	Mr. Ernest M. Willcher			Member	
	Mr. Robert W. Garrett			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:  In effect, that he was wounded on four separated occasions between December 1970 and June 1971 while he was in Vietnam.  In support of his request he submits several medical document, all of which are dated subsequent to his Army service (most after 1980), in which the applicant reported a history of wounds sustained while in Vietnam.  He submits one medical entry from January 1971 which notes he reported to medical personnel complaining of hearing loss “after being near two blown booby traps.

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

He entered active duty on 11 December 1969 and was assigned to Vietnam as an infantryman between October 1970 and October 1971.  As a result of his service in Vietnam he was awarded an Army Commendation Medal for meritorious service during the period 1 November 1970 through 30 April 1971 and a Bronze Star Medal for meritorious service during the period 1 October 1970 through 31 August 1971.

On 2 October 1972 he was released from active duty.  His DD Form 214, which he authenticated does not reflect entitlement to the Purple Heart.  In August 1978 the applicant enlisted in the Navy and served on active duty until 26 March 1981.

Subsequent to the applicant’s separation from active duty, in 1982, he submitted a letter to officials at the Army Reserve Personnel Center requesting information pertaining to treatment of wounds and an award of the Purple Heart.  He noted in his letter that he was, in effect, pursuing VA compensation and that the Purple Heart “could be the difference, like the last times, of being approved.”  He also noted in the letter that he had been recommended for several decoration, including a Medal of Honor, Silver Star and the Distinguished Service Cross but felt that he was penalized by clerks during out processing who may not have recorded all of his awards.  He indicated that he remember the clerk “bitching about al l[his] awards, etc.  He couldn’t get them all on the DD 214 and was doing an additional page.”  The applicant noted that he signed the paperwork but when he got home the DD Form 214 was not complete.

In a 1988 document the applicant related that he had been wounded on several occasions but that he refused to be evacuated and was “treated in the field” on all but one occasion in January 1971 when he dislocated his left knee during an attack and was evacuated for treatment at the Battalion Aid Station.

Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for wounds 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 by a medical officer, 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, other than the applicant’s own contentions which were recorded in a variety of formats while applying for disability compensation, that he was ever wounded as a result of hostile action which required treatment by a medical officer.

2.  The Board notes the inconsistency in statements over the years such as the January 1971 medical record which notes the applicant complained of a hearing loss after being near two blown booby traps but in 1988 indicated that he had been evacuated in January 1971 for treatment of a dislocated left knee.  

3.  The Board also notes that wounds so slight that they do not require treatment by a medical doctor do not generally warrant award of the Purple Heart.  The applicant admits that he “refused to be evacuated” thus essentially indicating the wounds were not severe enough to warrant medical intervention at the time.

4.  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.

5.  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

___JNS__  __EMW__  __RWG__  DENY APPLICATION

						Loren G. Harrell
						Director