MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:.

	BOARD DATE:            13 May 1999     
	DOCKET NUMBER:   AR1999023415

	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. Samuel Calderon		Member	
	Mr. Kenneth L. Wright		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:  Award of the Purple Heart.

APPLICANT STATES:  In effect, that during his assignment in Vietnam he sustained a shell fragment wound to his left leg.  He contends that he received numerous awards including the Purple Heart; however, it is not listed on his
DD Form 214 (Report of Transfer or Discharge).  He also contends that he has been rated 100% for Post-Traumatic Stress Disorder and Shell Fragment Wound (lower left leg) by the Veterans Administration (VA).  In support of his application, he submits copies of Vietnam orders, orders for award of the Combat Medical Badge and the Bronze Star Medal, DA Form 66 (Officer Qualification Record) and VA documentation.  

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

On 23 April 1969 the applicant was commissioned a second lieutenant and entered active duty in the Army Reserve.  He served in Vietnam from 24 July 1970 to 23 July 1971 and was released from active duty in the rank of captain with an honorable discharge on 3 January 1972.

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

Item 21 (Awards and Decorations) of the applicant’s DA Form 66, which was authenticated in his own hand, does not show entitlement to the Purple Heart.

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

The applicant provided a letter from the VA, dated 31 August 1972, which shows his disability compensation claim for a shell fragment wound of the left lower leg did not meet the requirements for compensation.  He also provided a VA Rating Decision, dated 10 December 1995, which shows he was rated 0% for residuals of a shell fragment wound (scar) to the left lower leg. 

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.  Notwithstanding the VA record which shows “residuals of a shell fragment wound (scar) to the left lower leg”, 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 in Vietnam.    

2.  Evidence of record shows the applicant signed his DD Form 214 and DA Form 66 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 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

RVO____  SC______  KLW____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999023415	
SUFFIX		
RECON		
DATE BOARDED	19990513	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19720103	
DISCHARGE AUTHORITY	AR 635-100 CHAPTER 3	
DISCHARGE REASON	RELIEVED FROM ACTIVE DUTY	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107	
2.		
3.		
4.		
5.		
6.