MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:            2 December 1998
	DOCKET NUMBER:   AC98-11713

	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.	Raymond V. O’Connor, Jr.		Chairperson	
	Mr.	George D. Paxson		Member	
	Mr.	John H. Kern		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 hit in the eye in May 1969 while serving in Tay Ninh, Vietnam and has been hard of hearing as well.  He goes on to state that at the time he returned from Vietnam for separation, he did not bring his injury to the attention of officials for fear that he would be delayed from returning to his family.  He further states that he indicated that nothing was wrong with him just so that he would not be held back for a couple of weeks for medical processing.  He states that he just wants what he is entitled to.

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

The applicant was inducted on 20 May 1968 at Fort Bliss, Texas.  

He successfully completed his training and was transferred to Fort Sam Houston, Texas for duty as a supplyman.  He remained at Fort Sam Houston until he was transferred to Vietnam on 29 January 1969. 

He remained in Vietnam until he was transferred to Oakland Army Base in California on 26 January 1970, where he was honorably released from active duty in the pay grade of E-4 on 28 January 1970, due to the expiration of his term of service (ETS).   He was transferred to the USAR Control Group (Annual Training) where he remained assigned until he was discharged on 30 April 1974.

At the time of his separation from the service the applicant underwent a separation physical.  A review of his physical failed to show that he was ever wounded or treated for a wound.  A further examination of the available records also failed to reveal that he had ever been wounded or treated for a wound or injury.

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.

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.  A review of the available records fails to show that the applicant was ever wounded or that he was treated by medical personnel for a wound that was the result of action by a hostile force.  Therefore, there is no basis for the Board to award him the Purple Heart.  

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

__rvo ___  ___gp___  ___jhk___  DENY APPLICATION

						Loren G. Harrell
						Director