MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:            19 May 1999                  
	DOCKET NUMBER:   AR1999024433

	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. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Robert G. Hinkle		Member	
	Mr. Roger W. Able		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 the Purple Heart is not listed on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) dated 21 September 1973.  

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

The applicant enlisted in the USAR on 23 July 1970 and was honorably released from the USAR on 23 September 1970 in order to enlist in the Regular Army.  He enlisted in the Regular Army on 24 September 1970 and continued to serve until he was honorably released from active duty as a specialist five/E-5 on 21 September 1973, under the provisions of Army Regulation 635-200,
Chapter 2, at his expiration term of service (ETS).  He was transferred to the USAR Control Group (Reinforcement).

On 23 October 1987, he was appointed as a captain in the Delaware Army National Guard (DEARNG).

The applicant’s DD Form 214, dated 21 September 1973, shows he served in Vietnam from 24 August 1972 to 29 March 1973 and was awarded the National Defense Service Medal, the Vietnam Service Medal with one bronze service star, the Republic of Vietnam Campaign Medal, the Army Commendation Medal with one Oak Leaf Cluster, the Aircraft Crewman Badge, the Expert Qualification Badge (Rifle), the Expert Qualification Badge (Hand Grenade), the Expert Qualification Badge (Pistol) and the Air Medal with 
Numeral 3.

The applicant’s DD Form 214, dated 25 October 1995, shows the applicant was awarded the Bronze Star Medal, the Air Medal (13th award), the Army Commendation Medal with 2nd Oak Leaf Cluster, the Army Achievement Medal,
National Defense Service Medal 2nd award, the Army Reserve Component Achievement Medal, the Army Service Ribbon, the Recondo Badge, the Senior Army Aviator Badge, the Army Aviator Badge and the Aircraft Crewman Badge.

The available records contain a DD Form 215 (Correction to DD Form 214) dated 19 June 1996, which amended his DD Form 214 dated 21 September 1973 to show that he was awarded the Good Conduct Medal.

The applicant underwent a medical examination on 21 November 1993 and was found not qualified for flight duty with a 213111 physical profile.

On 21 April 1994, the applicant appeared before a Medical Evaluation Board
(MEB).  The MEB diagnosed the applicant as having chronic low back pain, lower extremity pain with minimal sensory motor deficit and no EMG/neural imaging correlate.  The MEB determined that the applicant did not meet the retention standards set forth by Army Regulation 40-501, chapter 3.  The MEB referred the applicant to a Physical Evaluation Board (PEB) for final determination.

On 27 March 1995, a medical physician prepared an addendum to the applicant’s MEB.  The physician diagnosed the applicant has having Post Traumatic Stress Disorder (PTSD), chronic, with delayed onset, manifested by experiencing traumatic events involving death, recurrent distressing recollections, recurrent nightmares, feeling as if in Vietnam with certain stimuli, avoidance, feelings of estrangement from others with restricted range of affect, and persistent increased arousal with insomnia, irritability, and hypervigilance; stress, severe, previous combat experience, present involuntary medical retirement with loss of career as pilot; predisposition, none; impairment for further military duty, marked; impairment for social and industrial adaptability, definite.  

Major depressive disorder, single episode, moderate manifested by depressed mood, anhedonia, feeling of worthlessness, decreased concentration and recurrent suicidal ideation; stress, severe, involuntary medical retirement; predisposition, moderate, concurrent PTSD; impairment for further military duty, moderate; impairment for social and industrial adaptability, definite.  The physician indicated that the applicant’s diagnoses are disabling and impairs his ability to adjust to the loss of his military career and profession of piloting.  He also stated that this addendum is submitted to the PEB for further consideration of separation of the patient from military service.  He further stated that the applicant needs to continue appropriate pharmacotherapy, supportive individual and group therapy.

On 6 July 1995, the PEB evaluated the applicant’s condition.  After a thorough review of the applicant’s record and medical examination the PEB diagnosed the applicant with major depressive disorder, PTSD and chronic low back pain.  He was granted 40 percent disability for his condition.  The PEB also indicated that his records be corrected to reflect in block 10c that his disability did result from a combat injury as defined in 25 U.S.C. 104, and that his retirement is based on disability from injury or disease received in the Line of Duty as a direct result of armed conflict and incurred in Line of Duty during a period of war as defined by law.

There is no record that the applicant was awarded the Purple Heart.  There also is no indication that he was wounded as a result of hostile action.

He continued to serve until he honorably released from active duty on 25 October 1995 and was placed on the Temporary Disability Retirement List (TDRL) in accordance with Army Regulation 635-40, paragraph 4-24B(2) and 26 USC section 104. 

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.  The applicant has provided evidence to show that he injured his back while serving in Vietnam and was diagnosed as having chronic low back pain, PTSD and a major depressive disorder.  However, he has not provided any evidence to show that his injury was the result of hostile action.  Therefore he is not entitled to the Purple Heart.

2.  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.

3.  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

JNS_____  RGH____  RWA____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999024433	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990519	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19951025	
DISCHARGE AUTHORITY	AR 635-40	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  107		
2.		
3.		
4.		
5.		
6.