MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           11 February 2000  
	DOCKET NUMBER:   AR1999028124

	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.

	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson 		Chairperson	
	Mr. George D. Paxson		Member	
	Mr. Thomas B. Redfern, III		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 received injuries in Vietnam on 1 March 1969, that he was hospitalized and then transferred to Camp Zama, Japan, on
7 March 1969.  He contends that due to inadequate documentation in his unit his personnel records were not documented to reflect that his injury had occurred.  In support of his application, he submits VA documentation, two DA Forms 8-275-2 (Clinical Record Cover Sheet) and service medical records.

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

The applicant enlisted on 17 March 1967 for a period of 3 years.  He served as a vehicle repairman in Vietnam from 2 September 1968 through 28 August 1969 and was honorably discharged on 20 March 1970. 

The applicant’s DD Form 214 (Report of Transfer or Discharge), 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 service personnel records that he was awarded the Purple Heart or was wounded as a result of hostile action.

Evidence of record shows that on 4 February 1970 the applicant underwent a separation physical examination which makes no mention of any wounds sustained as a result of hostile action.  His DA Form 20 (Enlisted Qualification Record) does not reflect entitlement to the Purple Heart and item 40 (Wounds) on his DA Form 20 is blank. 

The applicant submitted medical documentation which shows he was diagnosed with a perforated ear drum (left) at the 71st Evacuation Hospital in Vietnam on
5 March 1969 and transferred to the Army Hospital in Camp Zama, Japan on
7 March 1969.  A Standard Form 502 (Clinical Record/Narrative Summary), dated 5 March 1969, states “Admitted with Hx [history] of exposure to explosion
4 days earlier with hearing loss”.  There is no evidence that this condition was the 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.  Notwithstanding the medical documentation submitted by the applicant, there is no evidence available to the Board which shows that he was wounded or treated for wounds due to hostile action in Vietnam.

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

3.  The preponderance of evidence in this case shows that he was not wounded or otherwise entitled to award of the Purple Heart.  Therefore, the applicant is not entitled to correction of his military records to show award of the Purple Heart.

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

MKP____  GDP____  TBR_____  DENY APPLICATION

						Karl F. Schneider
						Director, Army Review Boards Agency

INDEX

CASE ID	AR1999028124	
SUFFIX		
RECON		
DATE BOARDED	20000211	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19700320	
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.