MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            12 January 2000   
	DOCKET NUMBER:    AR1999027327

	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. Karl F. Schneider		Director, Army Review Boards Agency	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Ms. Irene N. Wheelwright 		Member	
	Mr. Luther L. Santiful		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 shrapnel wound to his right knee during the 1968 “TET Offensive” (correctly known as the TET Counteroffensive) in Vietnam and he did not receive the Purple Heart.  In support of his application, he submits a copy of his DD Form 214 (Report of Transfer or Discharge); copies of his service medical records; VA documentation; a letter from the Military Awards Branch, dated 31 August 1995, which denies award of the Purple Heart; letters requesting award of the Purple Heart; hospital records pertaining to a right medial menisectomy performed in 1976; clinical records pertaining to an auto accident in June 1969; civilian medical records and documentation pertaining to knee surgery in 1993; a Disabled American Veterans letter dated 29 June 1994; documentation pertaining to Post Traumatic Stress Disorder; a letter from applicant to his father, dated 27 June 1968; and an eyewitness account from a Vietnamese American, who was then a 13-year old boy, of the 1968 TET attack on C Battery at Tuy Hoa, Vietnam. 

COUNSEL CONTENDS:  The Disabled American Veterans, as counsel for the applicant, supports the applicant’s contention that he is entitled to receive the Purple Heart award due to a shrapnel injury received during the 1968 TET Counteroffensive.  Counsel noted that the applicant is currently receiving treatment for his knee condition and psychological factors resulting from his injury. 

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

The applicant enlisted on 16 January 1967 for a period of 3 years.  He served as an artillery crewman in Vietnam from 22 December 1967 to 10 December 1968 and was honorably discharged on 15 January 1970.   

The applicant’s DD Form 214, which was authenticated in his own hand, does not show the Purple Heart as an authorized award.

There is no evidence in the applicant’s records that shows he was awarded the Purple Heart or was wounded as a result of hostile action.  Item 40 (Wounds) of the applicant’s DA Form 20 (Enlisted Qualification Record), which was authenticated in his own hand, is blank.  Item 41 (Awards and Decorations) of the DA Form 20 does not show entitlement to the Purple Heart.  A review of the Vietnam Casualty Roster did not reveal the applicant’s name.    

On 13 November 1969 the applicant underwent a separation physical examination which makes no mention of any wounds sustained as a result of hostile action.  The Board notes the Standard Form 88 (Report of Medical Examination), dated 13 November 1969, does show “Torn Medial meniscus R [right] knee” and “Unstable R [right] knee - Permanent L-3 Profile.”
The applicant provided numerous copies of service medical records and VA documentation.  A Standard Form 600 (Chronological Record of Medical Care), dated 20 January 1969, shows the entry “GSW [gunshot wound] R [right] knee March 68”.  Another Standard Form 600, dated 22 November 1968, shows the entry “Pt [patient] c [complains] pain R [right] knee since injured in unknown manner March 68”.  There is no medical evidence that competent medical authority determined that the applicant 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.  

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 shrapnel wound to his right knee during the 1968 TET Counteroffensive in Vietnam.  However, there is no evidence of record available to the Board which shows he was wounded or treated for wounds sustained by hostile action in Vietnam. 

2.  Evidence of record shows the applicant signed his DD Form 214 and DA Form 20 attesting to the fact he was not entitled to the Purple Heart.  

3.  The preponderance of evidence in this case shows that he was not wounded or otherwise entitled to any award of the Purple Heart.  Therefore, he is not entitled to award of the Purple Heart. 

4.  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.

5.  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

JNS____  INW_____  LLS_____  DENY APPLICATION

						Karl F. Schneider
						Director, Army Review Boards Agency

INDEX

CASE ID	AR1999027327	
SUFFIX		
RECON		
DATE BOARDED	20000112	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19700115	
DISCHARGE AUTHORITY	AR 635-200  	
DISCHARGE REASON	Expiration of term of service	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.