MEMORANDUM OF CONSIDERATION

	IN THE CASE OF: 

	BOARD DATE:            12 August 1999    
	DOCKET NUMBER:   AR1999017180

	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. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. James M. Alward		Member	
	Ms. Meta Waller		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:  A second award of the Purple Heart (correctly known as the Purple Heart  with One Oak Leaf Cluster).   

APPLICANT STATES:  In effect, that on or about 21 November 1968 he sustained a gunshot wound to his left forearm.  He contends that he was treated in the field and apparently the wound was not documented.  In support of his application, he submits page 4 of a VA Rating Decision, dated 22 April 1998, which shows “service connection for scars, residuals of gunshot wound and shell fragment wounds has been established as directly related to military service”.   

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

The applicant enlisted on 9 August 1966 for a period of 3 years.  He was honorably discharged on 6 September 1967 to accept a commission.  On
7 September 1967 he was commissioned a second lieutenant and entered active duty in the Army Reserve.  He served in Vietnam from 13 August 1968 to
12 August 1969 and was released from active duty in the rank of captain with an honorable discharge on 6 September 1971.

The applicant’s DD Form 214 with an effective date of 6 September 1971, which was authenticated in his own hand, shows one award of the Purple Heart.

Item 21 (Awards and Decorations) of the applicant’s DA Form 66, which was authenticated in his own hand, shows entitlement to one award of the Purple Heart.

Headquarters 1st Infantry Division General Orders Number 2207, dated 29 March 1969, shows the applicant was awarded the Purple Heart for wounds sustained on 13 November 1968.

There is no evidence in the applicant’s records that show he was injured or wounded a second time as a result of hostile action on or about 21 November 1968.    

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.  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.  Evidence of record shows the applicant was wounded on 13 November 1968 as a result of hostile action in Vietnam and awarded the Purple Heart.

2.  Evidence of record also shows the applicant signed his DD Form 214 and DA Form 66 attesting to the fact he was entitled to one award of the Purple Heart.

3.  Notwithstanding the VA Rating Decision submitted by the applicant, there is no evidence available to the Board, and the applicant has provided no evidence, which shows he was wounded or treated for wounds due to hostile action on or about 21 November 1968 in Vietnam.    

4.  The preponderance of evidence in this case shows the applicant was wounded once, not twice.  Therefore, he is not entitled to correction of his records to show the Purple Heart with One Oak Leaf Cluster.

5.  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.

6.  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

RVO____  JMA____  MW_____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999017180	
SUFFIX		
RECON		
DATE BOARDED	19990812	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19710906	
DISCHARGE AUTHORITY	AR 635-100 Chapter 3  	
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.