MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:            15 February 2000                  
	DOCKET NUMBER:    AR1999024569

	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. W. E. Schnupp		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Ms. Karol A. Kennedy		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:  That he did not receive the Purple Heart for an injury he received in combat.

In support of his request, he has furnished a copy of an Individual Sick Slip (DD Form 689) dated 31 August 1971, two pictures, presumably of himself, with his leg bandaged and a statement of his experiences while in Vietnam including the circumstances of his injury following a rocket attack on the fire base at which he was present.

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

He was enlisted on 27 August 1968 and received training as an infantry indirect fire crewman and later as a clerk typist/pesonnel specialist.  He served in Vietnam from October 1970 to October 1971 as a clerk typist and a security guard.  Upon completion of his Vietnam tour, he returned to the States and was honorably released to the USAR on 7 October 1971 in the grade of specialist four.

His awards include the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, the Sharpshooter Badge with M-14 rifle bar and the Expert Badge with M-16 rifle and mortar bars.  He was subsequently awarded the Bronze Star Medal for service during his Vietnam tour of duty.

The applicant’s statement of his experiences in Vietnam indicate that he was present on one of several fire bases (he is not sure which) when he was wounded as a result of a rocket attack on that fire base.  The record contains no information as to the fire bases to which he was assigned during his tour in Vietnam.  Nor, is there any indication in the available medical records that he was treated for wounds resulting from enemy action while in Vietnam.  

The DD Form 689, included with his application, refers to a reevaluation of a leg injury without further explanation of the circumstances of the injury.  The pictures of himself with his leg bandaged are apparently intended to authenticated that he suffered a leg injury.

Army Regulation 600-8-22, Military Awards, 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 by a medical officer, 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 record contains no evidence and the applicant has provided no evidence to show that he was wounded as a result of enemy action during his Vietnam assignment.

2.  Although the individual sick slip he provides indicates that he is to be reevaluated for a leg injury, that document in and of itself does not establish that the injury was the result of enemy action; nor, do the pictures of him with his leg bandaged.  Absent creditable information establishing that his injury was a result of hostile action, there is no basis upon which to award 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 satisfies this 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_____  _kak____  _rwa____  DENY APPLICATION

						Karl F. Schneider
						Director, Army Review Boards Agency

INDEX

CASE ID	AR1999024569	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990219	
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.