MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:

	BOARD DATE:           10 June 1999      
	DOCKET NUMBER:   AR1999015048

	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	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Samuel A. Crumpler		Chairperson	
	Ms. Shirley L. Powell		Member	
	Mr. Elzey J. Arledge, Jr.		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 DD Form 214 (Report of Transfer or Discharge) to show his last name as “Scanlan” instead of “Scanlon”, to show his suffix as “Senior” instead of “Junior” and award of the Purple Heart.  

APPLICANT STATES:  That he was shot in the right side of his jaw in March or April 1969 and he never received the Purple Heart because he thought it would hurt his employment opportunities when he got home.  In support of his application, he submits a copy of his Illinois driver’s license, his Firearm Owner’s Identification Card and his Social Security Card.     

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

The applicant was inducted on 29 November 1966.  He served in Vietnam as a field artillery crewmember from 27 July 1968 to 19 July 1969 and was honorably separated on 23 July 1969.

Item 1 (Last Name, First Name, Middle Name) of the applicant’s DD Form 214 shows “SCANLON GEORGE RICHARD JR”.  The applicant’s DD Form 214, which was authenticated in his own hand, does not show the Purple Heart as an authorized award.

A DD Form 215 (Correction to DD Form 214) was issued on 1 April 1999 amending item 1 of the applicant’s DD Form 214 to show “SCANLAN GEORGE RICHARD SR”.  Therefore, the portion of his request related to correction of his name is not discussed further. 

There is no evidence in the applicant’s personnel records that he was awarded the Purple Heart or was wounded as a result of hostile action.  Item 40 (Wounds) of the applicant’s DA Form 20 (Enlisted Qualification Record) is blank.  Item 
41 (Awards and Decorations) does not show entitlement to the Purple Heart.  

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, 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.  Contrary to the applicant’s contention that he was shot in his right jaw in March or April 1969, there is no evidence available to the Board, and the applicant has provided no evidence, which shows he was injured or wounded as a result of hostile action in Vietnam.  Therefore, he is not 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 the aforementioned 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

SAC____  SLP_____  EJA_____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999015048	
SUFFIX		
RECON		
DATE BOARDED	19990610	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19690723	
DISCHARGE AUTHORITY	AR 635-200 CHAPTER 5  	
DISCHARGE REASON	OVERSEAS RETURNEE	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	100.0100	
2.	107.0015	
3.		
4.		
5.		
6.