MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:            5 August 1999
	DOCKET NUMBER:   AR1999015676

	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. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. Mark D. Manning		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. Ernest W. Lutz, 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:  In effect, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show that he was awarded the Purple Heart for wounds received as a result of combat action while serving in Vietnam.

APPLICANT STATES:  In effect, that he was wounded by metal fragments while trying to unjam a minigun that had jammed when he returned fire on an enemy position.  In support of his application he submits a copy of Standard Form 600 (Chronological Record of Medical Care) and a copy of orders assigning him to the Night Hawk Team.

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

The applicant enlisted on 3 January 1967 as a multi-engine helicopter maintenance repairman.  He continued to serve through a series of continuous reenlistments until he was discharged under the provisions of Army Regulation 635-30, for physical disability with severance pay.

He served in Vietnam from 3 February 1971 to 17 January 1972.

The applicant’s DD Form 214 shows he was awarded the Expert Qualification Badge Rifle M16, the Good Conduct Medal 5th Award, National Defense Service Medal, the NCO Professional Development Ribbon with numeral 3, two Overseas Service Bars, the Aircraft Crewman Badge, the Air Medal with numeral 14, the Army Service Ribbon, the Overseas Service Ribbon, the Vietnam Service Medal with three bronze service stars, the Bronze Star Medal, the Vietnam Cross of Gallantry with Palm Unit Citation, the Vietnam Campaign Medal with 60 Device and the Driver Badge-W (Wheel). 

His discharge document does not show the Purple Heart as an authorized award.

There is no record that the applicant was awarded the Purple Heart.  There also is no indication that he was wounded as a result of hostile action.

The medical records submitted by the applicant states the entries “14 CAB (Combat Aviation Battalion) Disp (Dispensary) APO (Army Post Office) 96374, minigun blew up, Imp (impression) has small laceration R (right) hand over thenar eninence (pertaining to the palm of the hand), X-ray shows multiple metallic foreign bodies imbedded”.  There is no indication that the nature of the wound was the result of hostile action.

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.  There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he was injured or wounded due to hostile action during his service in Vietnam.  Therefore, he is not entitled to 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

MDM____  AAO____  EWL____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999015676	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990805	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19840111	
DISCHARGE AUTHORITY	AR1999015676	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1  61		
2.		
3.		
4.		
5.		
6.