MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:            14 January 1999 
	DOCKET NUMBER:   AC98-12375
                                              AR1999015964

	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	
	Ms. Shirley L. Powell		Member	
	Ms. Kathleen A. Newman		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 the Purple Heart.

APPLICANT STATES:  That he was injured in Vietnam and presently receives 20% disability compensation from the VA for that injury.  He further states that while in the hospital in Japan he informed an orderly that he did not want the Purple Heart.  However, his attitude towards the military services is very different now than when he was 21 years of age and he has now changed his mind and desires to be awarded the Purple Heart.  He goes on to state that with encouragement from his daughter he is now proud of his service and would like the tangible connection of the Purple Heart to his service. 

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

The applicant was inducted on 5 July 1967.  He successfully completed his training as a light weapons infantryman and was transferred to Vietnam on 21 May 1968.

He served in Vietnam until he was returned to Oakland, California for separation as an overseas returnee on 25 April 1969.  He was honorably released from active duty and was transferred to the USAR Control Group (Annual Training).  His records show that he was awarded the Combat Infantryman Badge, the Army Commendation Medal, the Air Medal, the Vietnam Service Medal, and the Vietnam Campaign Medal.

A review of the available records failed to show that the applicant was wounded in Vietnam.  Although his medical records are not present in his official records, his separation physical examination indicates that the applicant was treated for lower back strain and that the applicant indicated that he had no problems at the time of separation.  The available records are silent in regards to any other wounds or injuries incurred while in the service.

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 a result of hostile action, that the wound must have required treatment by a medical officer, and that the medical treatment was 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.  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.  The evidence of record fails to clearly show that the applicant was wounded/injured as a result of enemy action or that his wounds/injuries were treated by medical personnel and made a matter of official record. 

3.  The Board notes the information contained in his separation physical examination; however, this information appears to be very general in nature with no specifics regarding the date or circumstances surrounding his injury nor the treatment, if any, that he received.  Therefore, without more specific evidence to support his claim of being wounded/injured as a result of enemy action, there is no basis to award him 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

__rvo____  __slp ___  __kan __  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC98-12375/AR1999015964	
SUFFIX		
RECON	 	
DATE BOARDED	1999/01/14	
TYPE OF DISCHARGE	 	
DATE OF DISCHARGE	 	
DISCHARGE AUTHORITY	 	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  107.0015	A107.00	
2.		
3.		
4.		
5.		
6.