MEMORANDUM OF CONSIDERATION

	IN THE CASE OF: 

	BOARD DATE:            9 June 1999       
	DOCKET NUMBER:   AR1999016239

	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:

	Ms. Elizabeth Buchanon		Chairperson	
	Mr. Raymond J. Wagner		Member	
	Mr. James P. Steuve		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:  Two awards of the Purple Heart (correctly known as the Purple Heart with first Oak Leaf Cluster).  

APPLICANT STATES:  That, in effect, between February and June 1970, on two separate occasions, he sustained shrapnel wounds to his head and nose.     

COUNSEL CONTENDS:  The Disabled American Veterans (DAV), as counsel for the applicant, contends that the applicant’s DA Form 20 (Enlisted Qualification Record) verifies his Vietnam service with a combat military occupational specialty and shows decorations for the applicant’s service in Vietnam.  Counsel also contends that there are no service health records in the applicant’s personnel records and suggests that the Board secure these records from the Veterans Administration which show treatment (in some fashion) for the alleged wounds.

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

The applicant was inducted on 17 July 1969.  He successfully completed training and was transferred to Vietnam for duty as a field artillery basic.  He served in Vietnam from 16 December 1969 to 18 November 1970 and was honorably discharged on 30 April 1971.  

The applicant’s DD Form 214 (Report of Transfer or Discharge), which was authenticated in his own hand, does not show any award of the Purple Heart as an authorized award.

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

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.  The bronze oak leaf cluster is awarded to denote the second and succeeding awards of a certain decorations, among which is the Purple Heart.

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.  Notwithstanding the applicant’s contention that he was wounded on two occasions in Vietnam, there is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he was wounded or treated for wounds due to hostile action in Vietnam.

2.  The preponderance of evidence in this case shows that he was not wounded or otherwise entitled to any award of the Purple Heart.  Therefore, the applicant is not entitled to award of the Purple Heart with first Oak Leaf Cluster. 

3.  The Board noted the DAV’s suggestion to secure the applicant’s health records from the VA prior to consideration.  However, this Board is not an investigative agency and it is the responsibility of the applicant to provide evidence that he wants the Board to consider with his application. 

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

EB______  RJW____  JPS____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999016239	
SUFFIX		
RECON		
DATE BOARDED	19990609	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19710430	
DISCHARGE AUTHORITY	AR 635-200  	
DISCHARGE REASON	EARLY RELEASE TO ATTEND SCHOOL	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.