MEMORANDUM OF CONSIDERATION

	IN THE CASE OF: 

	BOARD DATE:  1 September 1999
	DOCKET NUMBER:   AR1999014882

	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. Theodore G. Heartley		Analyst	

  The following members, a quorum, were present:

	Mr. Stanley Kelley		Chairperson	
	Mr. James E. Anderholm		Member	
	Mr. Kenneth L. Wright		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:  Correction of his records to show that he was awarded the Purple Heart (PH) and the Bronze Star Medal (BSM).

APPLICANT STATES:  In effect, that he was recommended for the PH and BSM for his combat action in Vietnam on 22 October 1968, but he was discharged without knowing the disposition of his award recommendations; that in 1972, the VA granted him a service-connected disability rating of 20% for shrapnel wounds and a hearing loss resulting from the same combat incident in Vietnam on 22 October 1968; and that he is now in failing health and wants his legacy to accurately reflect his service in Vietnam.

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

He initially enlisted in the Regular Army on 17 August 1960 for a period of
3 years and reenlisted on 6 December 1962 for period of 6 years.

He served in the Republic of Vietnam (RVN) from 8 May 1968 to 25 November 1968.  

A report of medical history, dated 26 November 1968, completed and signed by him, shows that he answered “yes” to the question, “Have you ever had an illness or injury other than those already noted?”  He stated that his left hand was wounded by shrapnel from a grenade in RVN on 22 October 1968.

A report of medical examination, dated 26 November 1968, found him qualified for separation.

His DD Form 214, separation document, indicated that he was separated with an Honorable Discharge Certificate on 26 November 1968 in the rank of staff sergeant after completing 8 years, 2 months and 22 days of creditable service and 9 days of lost time.  His awards and decorations included the National Defense Service Medal, the Vietnam Campaign Medal, the Vietnam Service Medal, and the Good Conduct Medal.

Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of enemy or hostile action or international terrorist attack.  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.

There is no evidence in his records confirming that he was ever wounded as the result of hostile action while assigned to Vietnam. 

Army Regulation 600-8-22 also provides, in pertinent part, that the Bronze Star Medal is awarded to any person who distinguished himself by heroism or by meritorious achievement or service, not involving participation in aerial flight in connection with 

military operations involving conflict with an opposing armed force.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.  

There was no evidence in his records indicating that he was recommended for the award of the BSM. 

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 concludes that there was no evidence in his records or evidence submitted by him that sufficiently demonstrated his wound to his left hand was a result of hostile action while in Vietnam.  Therefore, he is not entitled to the award of the Purple Heart.

2.  Also, there was no evidence in his records or evidence submitted by him that indicated he was recommended for the award of the Bronze Star Medal.  

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

__SK____  ___JA___  ___KW__  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999014882	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990901	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  46	Decorations and Awards	
2.		
3.		
4.		
5.		
6.