MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:    

	BOARD DATE:            14 April 1999    
	DOCKET NUMBER:   AR1999023722

	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. Kenneth Aucock		Analyst	

  The following members, a quorum, were present:

	Ms. Karen L. Wolff		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. Thomas B. Redfern, III		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:  That he received a gunshot wound in Vietnam and was never issued the Purple Heart, and that award is not listed on his DD Form 214. 

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

The applicant entered the Army on 26 June 1964 and was discharged on          19 October 1965.  He reenlisted for 6 years the next day.  

On 15 September 1967, while in Vietnam, he was awarded the Good Conduct Medal.  On 28 November 1967 he was awarded the Air Medal. 

The applicant was discharged on 5 November 1970 in the pay grade of E-6.  His DD Form 214 shows that he was awarded the Aircraft Crewman Badge, the National Defense Service Medal, the Vietnam Service Medal with two bronze service stars, the Republic of Vietnam Campaign Medal with 60 device, two awards of the Good Conduct Medal, and two awards of the Air Medal.  The applicant signed this record, attesting to its accuracy.  On 6 November 1970 the applicant reenlisted for 6 years for his present duty assignment, Qui Nhon Army Airfield in Vietnam.

The applicant’s DA Form 20 (Enlisted Qualification Record), which he signed on 20 December 1972, shows he served in Vietnam from January 1967 to January 1968, and again from August to December 1970.  That record also shows the awards that he received, and was current through September 1974.  An entry on that form indicates that a duplicate of that from was sent to the DA promotion board in July 1974.  That form does not show award of the Purple Heart, nor does it show that he was wounded in action. 

A 27 June 1973 health record from Kimbrough Army Hospital at Fort Meade, Maryland, states:  “Gunshot wound right leg 1967.  Scar tissue is painful.  Pt needs reevaluation of temp profile for painful scar tissue from gunshot wound right post thigh.”

In a 19 February 1974 report of medical history, the applicant stated that he had a gun shot wound r/h leg, ham string severed, and a head injury in Viet Nam when a gas tanker exploded and he was struck in the head by debris. 

A 9 June 1974 clinical record states:  “… of GSW to head in V.Nam 1969 …”

A 3 January 1975 health record from the medical clinic at Bassett Army Hospital at Fort Wainwright, Alaska states:  “29 year old with multiple problems include old gunshot wound, …”

In a 3 June 1976 report of psychiatric evaluation, in which the applicant was self-referred for psychiatric evaluation because of difficulties getting a security clearance, the examining psychiatrist stated that the applicant sustained a bullet wound to the right thigh while serving in the Republic of Vietnam in 1969. 

In a 4 June 1976 report from the flight surgeon of the 222nd Aviation Battalion to the battalion S-2, that officer stated that the applicant was disqualified for issuance of a security clearance because the applicant had suffered for several years from a chronic anxiety neurosis.  He had been taking valium since 1973, and apparently was told to take valium to relieve chronic leg spasm which he had subsequent to an old gunshot wound.  That officer stated that he could find no mention of that instruction in the applicant’s medical records.

The applicant reviewed and signed his personnel qualification record on               10 November 1976, in preparation for consideration for promotion by a DA selection board.  He stated that the information on that record was correct and complete.  That record showed his service in Vietnam, the campaigns he participated in, and the awards he received.  It does not show award of the Purple Heart. 

On 5 April 1977 the applicant was discharged at Fort Wainwright in the pay grade of E-6.  His DD Form 214 shows that he served in Korea from                             15 December 1964 – 26 September 1965, in Vietnam from 14 January 1967 –   12 January 1968, and in Vietnam again from 19 August 1970 –                             1 December 1970.  He had 12 years, 9 months, and 9 days of service.

A 10 July 1995 VA rating indicates that the applicant received a zero percent service connected disability rating for residuals right hamstring severance.

On 31 July 1995 the applicant requested that the National Personnel Records Center forward him copies of [orders] awarding him the Air Medals he received while serving in Vietnam from 1967-1968.

The Total Army Personnel Command Awards Branch has indicated that the applicant was not listed on the Vietnam casualty roster maintained by that branch.

Army Regulation 600-8-22 provides 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, and advisory opinion(s), it is concluded:

1.  There is no mention, prior to 1973 that the applicant received a gunshot wound in Vietnam.  The health records from 1973 onward appear to indicate that the gunshot wound in those records were of his own telling.  Nevertheless, the applicant has not provided any information concerning that wound, i.e., when or where, treatment, result of hostile action, etc.  

2.  The applicant signed and attested to various records which did not show that he was wounded in action and did not show award of the Purple Heart.  His records went before a DA promotion board at least two times.  It is the opinion of this Board that a soldier concerned with his career would ensure that documentation showing that he was wounded in action against an enemy of the United States, would be included in his records, and that he would have petitioned for award of the Purple Heart well before now.      

3.  Notwithstanding the clinical records the applicant has furnished with his application, which records imply that he received a gun shot wound in Vietnam, there is simply no concrete evidence to show that he did receive a wound as a result of hostile action, and no information that he was treated for this wound.  Therefore, the applicant is not entitled to award of the Purple Heart. 

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

__klw___  __aao___  __tbr___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999023722	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990414	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	(DENYUS)	
REVIEW AUTHORITY		
ISSUES         1. 107.00		
2.		
3.		
4.		
5.		
6.