MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            24 November 1998
	DOCKET NUMBER:   AC98-11875

	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. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Ms. Celia L. Adolphi		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:  That he is suffering from severe brain trauma as a result of being blown up in a tracked vehicle during his assignment in Vietnam.  He states that he had no proof of this injury until he had a brain scan in 1994.  In support of his application, he submits copies of casualty reports of two soldiers whom the applicant claims were in the vehicle with him and were awarded the Purple Heart.  He also submits a letter of explanation, a status report from the Department of Veterans (DVA) showing treatment for Post Traumatic Stress Disorder, and operational reports for his unit in Vietnam.

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

The applicant was inducted on 29 July 1969, completed training as a field artillery crewman, and served in Vietnam from 9 January 1970 to 28 February 1971.  He was honorably discharged on 1 March 1971.  The applicant’s DD Form 214 does not show the Purple Heart as an authorized award.  

There is no evidence in the applicant’s personnel records that he was awarded the Purple Heart.  There also is no evidence the applicant was wounded or treated for wounds resulting from hostile action.  The applicant’s DA Form 20 (Enlisted Qualification Record) does not show any entry under item 40 (Wounds). Informal coordination with the Awards Branch of the Total Army Personnel Command reveals that the applicant’s name is not listed on the Vietnam Casualty Roster.

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 the result of hostile action, the wound must have required treatment, 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 Board notes the documents submitted by the applicant; however, the casualty reports on other soldiers do not show that the applicant was wounded due to hostile action.  There is no other documentation submitted by the applicant which can serve as a basis for award of the Purple Heart.

2.  There is no evidence which shows the applicant was wounded or treated for wounds due to hostile action; therefore, he is not entitled to award of the Purple Heart.

3.  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.

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

GDP____  CLA_____  RWG____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC98-11875	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19981124	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.