MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:           15 February 2000                   
	DOCKET NUMBER:   AR1999026919

	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. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. Fred Eichorn		Chairperson	
	Ms. Karol A. Kennedy		Member	
	Mr. Roger 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 was wounded at Kontum, Vietnam in 1968.  

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

The applicant was inducted into the Army on 9 September 1966, trained as a medical corpsman, and in August 1967 was assigned to an infantry battalion in Vietnam, and in September reassigned to a medical battalion.  

A 25 March 1968 medical record shows that the applicant was treated at the eye clinic at the medical battalion, and on 13 July 1968 he was treated for jungle rot (after his return from Vietnam), at Fort Knox, Kentucky.

The applicant’s DA Form 20 (Enlisted Qualification Record) shows that he was a patient in a medical holding detachment at Camp Zama, Japan on 17 May 1968; and a patient in a medical holding company at Fort Knox, Kentucky on                31 May 1968.  The reason for his hospitalization is unknown. That same form, however, does not show that he was wounded in action (item 40, Wounds), or that he was awarded the Purple Heart.

A 26 May 1968 physical profile record shows that the applicant had appendicitis and that he was returned to his unit for duty, with a physical profile of 1 1 1 1 1 1. 

An 11 July 1968 report of medical examination shows that the applicant was medically qualified for separation with a physical profile of 1 1 1 1 2 1.  In the report of medical history he furnished for the examination, the applicant indicated that he was in good health.  He did indicate that he had an eye operation when he was one year old, and that he had been refused employment, at one time or another, because he was blind in his left eye.  His DD Form 47 (Report of Induction), dated 9 September 1966, indicates that he was blind in his left eye.   Neither the report of medical examination or the report of medical history indicate that he was wounded.    

The applicant was discharged at Fort Knox on 22 July 1968.  His DD Form 214 does not show that he was awarded the Purple Heart.

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, it is concluded:

1.  There is no evidence of record, nor has the applicant provided any, to show that he was wounded in action.  He is not entitled to award of the Purple Heart. 

2.  The applicant has submitted neither probative evidence nor a convincing argument in support of his request.   

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

___ra___  ___fe____  ___kak__  DENY APPLICATION

						Karl F. Schneider
						Director, Army Review Boards Agency

INDEX

CASE ID	AR1999026919	
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.  61	107.00	
2.		
3.		
4.		
5.		
6.