MEMORANDUM OF CONSIDERATION

	IN THE CASE OF: 

	BOARD DATE:           6 May 1999         
	DOCKET NUMBER:   AR1999024478

	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. Fred N. Eichorn		Chairperson	
	Mr. Ernest W. Lutz, Jr.		Member	
	Ms. Carol Jo Suiter		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 was shot in the left foot on 31 January 1967 during a fire fight in Vietnam and never received the Purple Heart.  In support of his application, he submits medical documentation dated 31 January 1967 through 5 February 1967.   

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

The applicant was inducted on 30 November 1965.  He served in Vietnam as a light weapons infantryman from 23 July 1966 through 23 June 1967 and was separated with an honorable discharge on 29 November 1967.  The applicant’s DD Form 214 (Report of Transfer or Discharge), which was authenticated in his own hand, does not show the Purple Heart as an authorized award.

The applicant submitted two Standard Forms 600 (Chronological Record of Medical Care).  The first entry, dated 31 January 1967, shows he was evaluated for “frag of (Lt) foot” [fragment of left foot] and treated with a soaking solution. The second entry, dated 1 February 1967, shows the applicant was operated on 31 January 1967 due to a thorn on the dorsal aspect of his left foot.  The subsequent entries pertain to the healing process of the applicant’s operation.  There is no evidence that this injury was the result of hostile action.

The applicant’s DA Form 20 (Enlisted Qualification Record) does not reflect entitlement to the Purple Heart and item 40 (Wounds) is blank. 

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.

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.  Contrary to the applicant’s contention that he was shot in the left foot on
31 January 1967 during a fire fight in Vietnam, there is no evidence available to the Board, and the applicant has provided no evidence, which shows he was injured or wounded as a result of hostile action.

2.  The Board noted the medical documentation provided by the applicant clearly indicates he was initially evaluated for a fragment in his left foot.  However, following surgery the fragment was determined to be a thorn, not shrapnel.  Therefore, he is not entitled to award of the Purple Heart.

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

FNE____  EWL_____  CJS____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999022478	
SUFFIX		
RECON		
DATE BOARDED	19990506	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19671129	
DISCHARGE AUTHORITY	AR 635-200  	
DISCHARGE REASON	EXPIRATION OF TERM OF SERVICE 	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107	
2.		
3.		
4.		
5.		
6.