MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            15 February 2000                  
	DOCKET NUMBER:    AR1999026821

	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:  That he be issued the Purple Heart.

APPLICANT STATES:  That he was issued all of his medals except the Purple Heart.

In support of his request, he provides a copy of a DVA Rating Decision awarding him 10 percent disability for a left knee condition established as directly related to military service (the document does not further describe the circumstances of the injury).

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

He was inducted on 6 August 1968, received training as an artillery weapons mechanic, served in Vietnam for slightly more than 1 year and was honorably discharged on 6 March 1970 in the grade of private first class.  He reentered the Army on 1 September 1971 and served 6 months in Vietnam as a field artillery crewman.  He was honorably discharged on 30 August 1974 in the grade of specialist four.

His awards include the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, the Army Commendation Medal and the Expert Badge with rifle and automatic rifle bars.

The record contains no evidence that the applicant was wounded in action or awarded the Purple Heart.  His Enlisted Qualification Record contains no entries showing that he suffered wounds during his service or that he was ever in a patient status.

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 available records contain no evidence showing that he was wounded as a result of hostile action and is entitled to award of the Purple Heart.

2.  The evidence submitted by the applicant from the DVA confirms that he has been awarded disability payment based on an injury that they have attributed to his service.  However, the DVA determination does not establish that his injury was a result of hostile action, a prerequisite for the Purple Heart, and without such a finding there is no basis for this Board 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	AR1999026821	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000215	
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.