MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:            11 August 1999
	DOCKET NUMBER:   AR1999016350

	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. John H. Kern		Chairperson	
	Mr. Walter T. Morrison		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:  In effect, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) with an effective date of 24 April 1973 be corrected to show that he was awarded the Purple Heart.

APPLICANT STATES:  In effect, that he was wounded by mortar rounds while 
serving in Vietnam.  He also states that the only medical personnel in the vicinity at that time was a noncommissioned officer and Navy team who assisted his wound.  He further states that he was taken to a small hospital in Gisnia but was not tagged.

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

The applicant enlisted on 9 September 1964 as a light weapons infantryman.  
He continued to serve until he was honorably discharged on 19 April 1968 in order to reenlist.  He reenlisted on 20 April 1968 and served three tours in Vietnam and was honorably discharged on 24 April 1973.

The applicant’s DD Form 214 (with an effective date of 19 April 1968) shows he was awarded the National Defense Service Medal and the Vietnam Service Medal.

The applicant’s DD Form 214 (with an effective date of 24 April 1973) shows he was awarded the Vietnam Service Medal with one silver service star and one bronze service star, the Good Conduct Medal, five Overseas Service Bars, the Drill Sergeant Badge and the Sharpshooter Qualification Badge with Rifle.
His discharge document does not show the Purple Heart as an authorized award.

The applicant’s records contain a DD Form 215 (Correction to DD Form 214 dated 21 October 1997, which amended his DD Form 214 to show he was awarded the Army Commendation Medal, the Combat Infantryman Badge, the Republic of Vietnam Gallantry Cross with Palm Unit Citation Badge and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation Badge.

There is no entry of a wound sustained in combat recorded in item 40 (Wounds) or entry for award of the Purple Heart recorded in item 41 (Awards and Decorations) on the applicant’s DA Form 20 (Enlisted Qualification Record).

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.

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

JHK_____  WTM___  JPI______  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999016350	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990811	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19730424	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1  61		
2.		
3.		
4.		
5.		
6.