MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:    

	BOARD DATE:        21 January 1999                      
	DOCKET NUMBER:   AC98-11807
				   AR1999015311

	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. Deborah L. Brantley		Analyst	

  The following members, a quorum, were present:

	Ms. Karen J. Newsome		Chairperson	
	Mr. Fred N. Eichorn		Member	
	Mr. John P. Infante		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:  He was wounded at the same time another soldier was killed during an enemy mortar attack.  He states he was treated at the unit’s field hospital.  In support of his request he submits three letters from former unit members.

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

He entered active duty on 17 January 1969 and was assigned to Vietnam as an infantryman in June 1969.  In August 1969 he was awarded the Combat Infantryman Badge.

On 14 December 1969 the applicant was awarded the Army Commendation Medal with “V” device for his heroic actions during the period 22 August 1969 through 28 August 1969.  The award citation, which notes the action took place under “intense hostile mortar and automatic weapons fire” makes no mention that the applicant was wounded during the action.  He was also awarded a Bronze Star Medal for meritorious service during his tour of duty in Vietnam.

The applicant departed Vietnam in June 1970 and completed his term of service at Fort Riley, Kansas.

Item 41 (awards and decorations) on the applicant’s DA Form 20 (enlisted qualification records) contains a typed entry noting award of the Combat Infantryman Badge followed by a black ink entry denoting award of the Purple Heart.  The black ink Purple Heart entry, which cited orders 8824 Hqs Americal Division 29 August 69, has been lined out with blue ink.  The applicant’s award of the Army Commendation Medal is a typed entry following the line out Purple Heart entry.  The applicant’s DA Form 20 contains several other blue ink entries including a blue ink entry noting award of the Bronze Star Medal. The applicant last authenticated his DA Form 20 on 21 October 1970.

On 18 December 1970 the applicant underwent a separation physical examination.  He made no mention of any wounds, nor treatment of any wounds, sustained as a result of hostile action on the report of medical history he completed and authenticated on 18 December.

The applicant was released from active duty on 15 January 1971.  His DD Form 214 (report of separation) does not reflect award of the Purple Heart and item 40 (wounds) on his DA Form 20 is blank.

Subsequent to the applicant’s separation, in 1984, the applicant submitted an initial claim for VA disability.  He makes no mention of any wounds sustained as a result of hostile action while in Vietnam.

The letters submitted in support of the applicant’s request are all dated in 1996.  One letter, from an individual who identifies himself as the applicant’s former platoon leader “during the fall and winter of 1969 and 1970” stated, in response to a telephonic inquiry from the applicant, that “one evening as [the applicant] was returning from patrol we received heavy mortar fire from the south.  Several casualties occurred as the men rushed for cover.  [The applicant] received minor shrapnel wounds and was treated on the spot.”  A second letter, from an individual who identifies himself as the unit’s “medic” notes that in “the spring of 1970...we received mortar fire in which [the applicant] was wounded by shrapnel in the left leg.  He was treated in the field since it was not serious.”  The third letter, also dated in 1996, merely notes the author was with the applicant “during a mortar attack in which he was injured.”

Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for wounds 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 by a medical officer, 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.  There is no medical evidence which supports the applicant’s contention that he was wounded as a result of hostile action while in Vietnam.

2.  The Board notes the applicant’s DA Form 20 reflected award of the Purple Heart which had been lined out, which likely indicates that he may have been awarded the medal erroneously and when the error was discovered the entry was lined out.  The fact that the applicant authenticated his DA Form 20 in October 1970, after his return to the United States, and clearly after the Purple Heart entry had been lined out, tends to support a conclusion that the applicant knew he was not entitled to an award of the Purple Heart.  It would seem logical, in view of the entries on his DA Form 20, that had he been entitled to the award he would have raised that issue much earlier.  The Board also notes that the applicant made no mention of any wounds sustained as a result of hostile action during his separation physical examination nor in his 1984 original VA disability application.

3.  The Board also notes the inconsistency in the statements submitted in support of the applicant’s request.  His platoon leader relates information that occurred during the fall and winter of 1969 and 1970 while the medical specialist reports the applicant was wounded in the “spring of 1970.”  Additionally, the Board notes that wounds so slight that they did not require treatment by a medical officer do not meet the requirements for award of the Purple Heart.

4.  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.

5.  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

__kjn____  __fne___  __jpi______  DENY APPLICATION

						Loren G. Harrell
						Director