MEMORANDUM OF CONSIDERATION

	IN THE CASE OF: 

	BOARD DATE:            24 June 1999      
	DOCKET NUMBER:   AR1999027231

	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. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Gary C. Miller		Member	
	Mr. Curtis L. Greenway		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 he sustained a head injury due to rocket explosion in Vietnam in 1968.  In support of his application, he submits VA Form 10-1000 (Discharge Summary) dated 27 March 1987, Standard Form
513 (Clinical Record) dated 30 August 1973, and Standard Forms 93 (Report of Medical History) dated 28 August 1973 and 31 July 1997.

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

The applicant enlisted in the Oklahoma Army National Guard on 21 October 1959.  He was ordered to active duty on 24 October 1959 for training and honorably discharged from active duty on 18 April 1960.  He enlisted in the Regular Army on 29 October 1963 for a period of 3 years and was honorably discharged on 29 September 1964 for immediate reenlistment.  He reenlisted on 30 September for a period of 6 years.  He served in Vietnam as a cook for 1 year and was honorably discharged on 23 August 1968.  He reenlisted on 24 August 1968 and served as a cook in Germany for 2 ½ years.  The applicant was discharged under other than honorable conditions under the provisions of Army Regulation 635-200, Chapter 11, as a result of court-martial on 18 January 1974.  
The applicant’s DD Forms 214 (Report of Transfer or Discharge), which were authenticated in his own hand, do not show the Purple Heart as an authorized award.

The applicant submitted a Standard Form 93, dated 28 August 1973, which  shows the entries “Head injury in Vietnam”, “Comp [complains] of shrapnel in scalp”, and “Skull to be x-rayed”.  The applicant’s records contain Standard Form 519-A (Radiographic Report), dated 29 August 1973, which shows “NO SIGNIFICANT ABNORMALITIES ARE DEMONSTRATED”.  The applicant also provided a Standard Form 513, dated 30 August 1973, which contains the entries “pt [patient] had injury to head in 1968”, “laceration of scalp”, “no fx [fracture]” and “skull x-ray neg [negative]”.  There is no evidence that this injury was the result of hostile action.  

There is no evidence in the applicant’s personnel records that he was awarded the Purple Heart or was wounded as a result of hostile action.  

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, and the medical treatment must have been made a matter of official record. The bronze oak leaf cluster is awarded to denote the second and succeeding awards of a certain decorations, among which is the Purple Heart.
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 Board noted the applicant’s contention that he sustained a head injury due to a rocket explosion in Vietnam in 1968 and the medical documentation submitted with his application.  However, 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.  Therefore, he is not entitled to award of 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

RVO____  GCM____  CLG____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999027231	
SUFFIX		
RECON		
DATE BOARDED	19990624	
TYPE OF DISCHARGE	(UOTHC)	
DATE OF DISCHARGE	19740118	
DISCHARGE AUTHORITY	AR 635-200 CHAPTER 11	
DISCHARGE REASON	AS A RESULT OF COURT-MARTIAL	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.