MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            21 December 1999                  
	DOCKET NUMBER:    AR1999019912

	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	
	Mr. W. E. Schnupp		Analyst	

  The following members, a quorum, were present:

	Mr. Hubert O. Fry, Jr.		Chairperson	
	Ms. Meta Waller		Member	
	Ms. Debra Williams		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:  That he be awarded two Purple Hearts for combat injuries incurred during Vietnam.

APPLICANT STATES:  That on 21 October 1968 while in Vietnam he came under a rocket attack and sustained a shell fragment wound to the head.  In approximately January 1969, he sustained a shell fragment wound to his left foot. As a result of these wounds he contends that he is entitled to two Purple Heart Medals.

In support of his request, he has provided a copy of his DD Form 214, Report of Transfer or Discharge, and a copy of a DVA, Board of Veterans’ Appeals decision, dated 18 November 1997, in which the board determined, pertinently, that the applicant’s injuries to his head and his left foot were service connect and thereby entitle him to compensation.

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

That he enlisted in the Regular Army on 17 October 1967 and received training as a vehicle driver.  He served in Vietnam from 17 June 1968 to 13 June 1969 as a vehicle driver.  Following his service in Vietnam he served 7 months in Germany then was honorably released to the USAR on 5 November 1970 in pay grade E-4.  

His awards include the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, the Expert Bade with M-14 rifle bar and the Sharpshooter Badge with M-16 rifle bar.

The applicant’s Enlisted Qualification Record contains no entries that show he was wounded in action or had been considered for or awarded the Purple Heart. No medical records or other evidence is available to show that he was wounded in action. 

The DVA appeals decision confirmed that the applicant is entitled to service connection for residuals of an injury to the head and a shell fragment wound injury of his left foot.  It also concludes that the applicant’s service medical records, including reports of the enlistment and separation examinations, contain no reports of complaints, diagnoses or findings of residuals of any head or left foot injuries.  On separation examination in July 1970, clinical evaluation of his head and scalp, as well as his lower extremities and feet, was normal. 

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 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.  The applicant’ medical records were not provided; however, information concerning their contents pertaining to his injuries was derived from the DVA Veterans’ Appeals document.  That document shows there were no findings of residuals of any head or left foot injuries in his service medical records.

2.  The applicant was separated from active duty and transferred to the USAR in pay grade E-4 on 5 November 1970.  Neither his DD Form 214 nor his Enlisted Qualification Record lists the Purple Heart as an authorized award.  He authenticated the Enlisted Qualification Record with his signature in 2 September 1970 and the DD Form 214 at the time of his separation.

3.  The United States Code, permits the DVA to award compensation for a medical condition which it determines was incurred in or aggravated by active military service.  Such a finding was made in the applicant’s case.  However, the DVA standards do not require that it establish that a wound was the result of hostile action, an essential prerequisite for award of the Purple Heart.  

4.  The applicant has provided no evidence and the record contains no evidence to show that the injuries he suffered in Vietnam were the result of hostile action.

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

_HOF        _MW____  __DW___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999019912	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19991221	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.  107.00		
2.		
3.		
4.		
5.		
6.