MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           4 November 1998
	DOCKET NUMBER:   AC98-10896

	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. W. E. Schnupp		Analyst	

  The following members, a quorum, were present:

	Mr. James E. Vick		Chairperson	
	Mr. Luther L. Santiful		Member	
	Mr. Thomas N. Kuhn		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 military records be corrected to show that he was awarded the Purple Heart.

APPLICANT STATES:  That his medical records describe a wound suffered by mortar shrapnel while he was in Vietnam.

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

He was inducted on 9 September 1965, was trained as a light weapons infantryman and served in Vietnam from 6 February 1967 until 5 September 1967.  He was honorably discharged at the completion of his term of service on 11 September 1967 in the grade of sergeant.  His awards include the National Defense Service Medal, the Vietnam Campaign Medal, the Vietnam Service Medal, the Combat Infantryman Badge and the Sharpshooter Badge with rifle bar.

His records contain no evidence that he was recommended for or awarded the Purple Heart.  Item 40 (wounds) of his Enlisted Qualification Record contains two entries:  “Poss frag of right ankle-22 May 67” and “Shrap wd to the right side 31 Jul 67”.  There is no documentation in the record corroborating these entries. 
His separation physical examination contains no entry, either by the applicant or the examining physician, concerning wounds received during his service.  

In a request to the National Personnel Records Center for his medical records, the applicant alleged that he suffered a dislocation of the right ankle in May 1967 in Vietnam and a Miss fire injury on July 2, 1967 also while in Vietnam.  In neither case does the record indicate that the wounds were the result of enemy action.

Army Regulation 600-8-22, Military Awards, 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 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.  The records do not show and the applicant has not provided any evidence to substantiate that he was wounded as a result of enemy action and, therefore, entitled to award of the Purple Heart. 

2.  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 this requirement.

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

JEV_____  LLS_____  TNK____  DENY APPLICATION

                                                                  W. E. Schnupp

						Loren G. Harrell
						Director