MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:            26 August 1999
	DOCKET NUMBER:   AR1999020362

	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. Deyon D. Battle		Analyst	

The following members, a quorum, were present:

	Ms. Shirley L. Powell		Chairperson	
	Mr. Samuel Calderon		Member	
	Ms. Barbara J. Ellis		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 award the Purple Heart (PH) and the Bronze Star Medal (BSM).

APPLICANT STATES:  That he was wounded while he was in Vietnam and that he being compensated because he has little use of his hand and for his middle finger.  He further states that any injury that he received in a combat zone is an injury deserving of the award of the PH and the BSM.

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

On 29 August 1969, he enlisted in the Army for 3 years in the pay grade of E-1.  He successfully completed his training as a field wireman.  On 15 February 1970, he was transferred to the Republic of Vietnam.

His awards include the National Defense Service Medal, the Vietnam Service Medal w/four Bronze Service Stars, the Vietnam Campaign Ribbon w/Device 1960, the Army Commendation Medal, the Air Medal, the Air Crewman Badge, the Combat Infantryman Badge, the Good Conduct Medal and the Sharpshooter Badge w/Automatic Rifle Bar.

A review of the records fails to show that the applicant was ever wounded as a result of hostile action while he was in Vietnam or that orders were ever published awarding him the PH or the BSM.

He completed 1 year, 10 months and 28 days of total active service prior to being honorably discharged for the purpose of immediate reenlistment on 26 July 1971.

On 6 September 1971, he returned to the Continental United States and he was assigned to Fort Hood, Texas.  He remained on active duty until he was discharged for the good of the service in lieu of trial by court-martial on 22 May 1973.  He had completed 3 years, 7 months and 9 days of total active service and he was issued an Undesirable Discharge Certificate.

The applicant submitted an appeal to the Army Discharge Review Board (ADRB) for an upgrade of his discharge and a change of the Reason and Authority for Discharge.  On 2 July 1974, the ADRB upgraded his discharge to general and changed his Reason and Authority for Discharge to show that he was discharged for the convenience of the government.

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 by a medical officer, and the medical treatment must have been made a matter of official record.

Army Regulation 600-8-22 provides, in pertinent part, that the primary requirement for award of a decoration is that a formal recommendation be prepared and introduced into official military channels within 2 years of the act, achievement, or service to be recognized.  The sole exception to the 2-year time limit occurs when there is conclusive evidence that a formal recommendation was submitted but was lost, or through inadvertence was never acted on by proper authority.

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 actions by the Army in this case were proper, and there is no doubt to be resolved in favor of the applicant.

2.  There is no evidence of record nor has the applicant submitted any evidence to support his contention that he was wounded as a result of hostile action.  Additionally, order were never published awarding him the PH or the BSM.  Therefore, he is not entitled to either of the two awards.

3.  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.

4.  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

___slp __  __sc ____  ___be ___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999020362	
SUFFIX		
RECON		
DATE BOARDED	1999/08/26	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  60	107.0014	
2.  61	107.0015	
3.		
4.		
5.		
6.