MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            12 May 1999       
	DOCKET NUMBER:   AR1999023696

	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. Deborah L. Brantley		Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. James E. Anderholm		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:  He was assigned to Vietnam in November 1970 and was initially assigned to the 24th Evacuation Medical Unit.  After four months he states he was reassigned to the 25th Infantry Division and four months later returned to the 24th Medical Unit.  He states he sustained shrapnel wounds to his “left elbow, left, hip and right leg” sometime during his first four months with the 24th Evacuation Medical Unit.  In support of his request he submits a copy of a 1997 statement from a VA official.

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

He entered active duty on 16 October 1969 and performed duties in the supply field.  He was assigned to Vietnam from 3 November 1970 until 2 November 1971.

According to a 1972 statement from his commanding officer, the applicant was involved in an “accident” while on leave in early 1972.  Details concerning the accident are not available but the applicant’s injuries apparently were severe enough to prevent him from contacting and returning  to his unit at the completion of a scheduled leave period.

On 20 April 1972 the applicant was released from active duty in pay grade E-4.  Although the applicant’s record contain no medical documents and his DA Form 20 (enlisted qualification record) is no longer in his military personnel file there is no evidence in available files that he was ever awarded a Purple Heart.  

Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for wounds 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.  Commander’s of medical facilities treating combat casualties were authorized to award the Purple Heart.

The 1997 statement submitted by the applicant in support of his claim states that “patient has shrapnel wounds to left elbow, left hip & right leg.  Wounds sustained 1969.  Seen Long Binh 24th Evac Mobile Hospital.  Wounds matching these injuries are present on examination.”  There are, however, no medical records to support the source of this statement.

In 1985 the applicant requested that a “current DD 214 with pertinent data not shown on existing DD 214… such as Bronze Star in Vietnam” be forwarded to him.  He made no mention of entitlement to the Purple Heart at that time.

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.  Other than the 1997 statement, there is no medical evidence or documentation, which supports the applicant’s contention that he is entitled to a Purple Heart.  Additionally, the statement does not identify the date of the examination that showed the left elbow, left hip and right leg injuries.  It is just as possible that the “wounds matching these injuries” resulted from the applicant’s 1972 accident and were not the result of shrapnel wounds while in Vietnam.

2.  The Board notes the 1997 statement indicates the applicant was wounded in 1969 although he did not arrive in Vietnam until November 1970.  Additionally, the applicant states he was assigned to a medical unit at the time of his alleged injuries.  Clearly a medical unit would have been intimately familiar with the requirements for award of the Purple Heart and it would seem unlikely that they would overlook awarding one of their own unit members a Purple Heart if that member was truly entitled to the award.

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

__gdp___  __aao___  ___jea__  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999023696	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990512	
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.