MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           14 October 1998 
	DOCKET NUMBER:   AC98-10850

	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:

	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:  That he be awarded a second award of the Purple Heart.

APPLICANT STATES:  That he received shrapnel in his right shoulder and a perforated right ear drum in March 1968 while in the village of Hueman, Republic of Vietnam.  He further states that he never knew how to receive the award and is now doing so for his own peace of mind. 

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

The applicant was inducted on 27 June 1967 and received training as a medical specialist.  Upon completion of his training he was transferred to Vietnam for duty as a medical corpsman.

He served in Vietnam from 22 December 1967 until 19 December 1968 and was promoted to the pay grade of E-5 on 2 November 1968.  While assigned to Vietnam he was awarded the Silver Star, the Bronze Star with “V” device and 2d Oak leaf cluster, the Combat Medical Badge, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, and the Purple Heart.

His records show that the Purple Heart was awarded for a fragmentation wound to the right wrist that he received on 4 April 1968.  There is no indication in the available records to show that he was wounded in the right shoulder and ear or that he was treated for such a wound/injury during that timeframe.

The applicant was honorably released from active duty on 26 June 1969 due to the expiration of his term of service (ETS) and was transferred to the USAR Control Group (Annual Training).  He had served 2 years of total active service.

On 16 September 1996 the Department of Veterans Affairs (VA) increased the applicant’s compensation for service connected disability for Post-Traumatic Stress Disorder (PTSD) from 30% to 50%.  The VA found service connection for his hearing loss in the right ear as 0% disabling, his fungus infection in both feet as 10% disabling, and the scar on his right wrist as 0% disabling for a combined rating of 60%.

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 present to verify that the wound was a result of hostile action, that the wound required treatment by medical personnel, and that the medical treatment was made a matter of record.  It also states that no more than one award will be made for more than one injury or wound received at the same instance or from the same missile, force, explosion, or agent.
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.  Although the applicant contends that he was unaware of the procedures to obtain his Purple Heart, it is reasonable to expect that a combat medic would be aware of the procedures necessary to document award of a Purple Heart, especially since he was the individual responsible for documenting and treating wounds and injuries of the soldiers he treated.  

3.  Notwithstanding his claim that he was unaware of the procedures, there is no evidence present in the available records to show that the applicant was treated or that he received the wounds/injuries necessary to qualify for an additional award of the Purple Heart. 

4.  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

__EW___  __RWG _  __JS____  DENY APPLICATION

						Loren G. Harrell
						Director