MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           29 December 1999                  
	DOCKET NUMBER:   AR1999020552

	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. George D. Paxson		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Mr. Christopher J. Prosser		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:  Correction of his military records to show award of the Purple Heart.

APPLICANT STATES:  In effect, that he was injured by sniper fire while on a bridge mission in Vietnam.  He contends that his injury required stitches to his chin, however, he told the medic to bandage him up and he requested to stay with the unit and finish the float bridge.  He also contends that, as a result of the injury, he has a scar on his chin.  In support of his application, he submits a letter from the Military Awards Branch, dated 15 January 1999, which disapproves his request for award of the Purple Heart; a copy of his letter, dated 5 January 1999, addressed to the Office of the Deputy Chief of Staff for Personnel requesting award of the Purple Heart; two photographs, and a copy of his DD Form 214 (Report of Transfer or Discharge).  

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

The applicant was inducted on 7 August 1967.  He served as a bridge specialist in Vietnam from 10 January 1968 to 10 January 1969 and was honorably discharged 6 August 1969.

The applicant’s DD Form 214, which was authenticated in his own hand, does not show the Purple Heart as an authorized award.

There is no evidence in the applicant’s service personnel records that he was awarded the Purple Heart or was wounded as a result of hostile action.

Evidence of record shows that on 10 July 1969 the applicant underwent a separation physical examination which makes no mention of any wounds sustained as a result of hostile action.  His DA Form 20 (Enlisted Qualification Record), which was authenticated in his own hand on 29 July 1969, does not reflect entitlement to the Purple Heart and item 40 (Wounds) on his 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.

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 Board noted the applicant’s contention that he was injured by sniper fire in Vietnam.  However, there is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he was injured or treated for wounds sustained as a result of hostile action in Vietnam. 

2.  Evidence of record shows the applicant signed his DD Form 214 and DA Form 20 attesting to the fact he was not entitled to the Purple Heart.

3.  The preponderance of evidence in this case shows he was not wounded or otherwise entitled to the Purple Heart.  Therefore, he is not entitled to correction of his military records to show this award.

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

GDP____  CLG____  CJP_____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999020552	
SUFFIX		
RECON		
DATE BOARDED	19991229	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19690806	
DISCHARGE AUTHORITY	AR 635-200   	
DISCHARGE REASON	Expiration term of service	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.