MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            30 March 2000                  
	DOCKET NUMBER:   AR1999028695

	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. Barbara J. Ellis 		Chairperson	
	Mr. Hubert O. Fry, Jr.		Member	
	Mr. Ernest W. Lutz, Jr.		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 not awarded the Purple Heart after he incurred an injury during a village search in November 1970 in Vietnam.  In support of his application, he submits a VA Rating Decision dated 4 June 1999, a copy of his DD Form 214 (Report of Transfer or Discharge) with an effective date of 25 June 1971 and a copy of his retirement DD Form 214 (Certificate of Release or Discharge from Active Duty) from the U.S. Navy with an effective date of 31 August 1993. 

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

On 19 September 1966 the applicant entered the Reserve Officer Training Corps.  The applicant was appointed as a Reserve commissioned officer in the grade of second lieutenant on 21 August 1969 and ordered to active duty for a period of 2 years.  He served as an infantry unit commander in Vietnam from
3 October 1970 through 21 June 1971 and was released from active duty in the rank of first lieutenant on 25 June 1971.  He subsequently served in the U.S. Army Reserve, the U.S. Naval Reserve and the U.S. Navy.  On 31 August 1993 the applicant retired in the rank of commander from the U.S. Navy.

The applicant’s DD Form 214 with an effective date of 25 June 1971, which was authenticated in his own hand, does not show the Purple Heart as an authorized award.

There are no orders in the applicant’s service personnel records which show that he was awarded the Purple Heart.  There also is no evidence in his records that he was wounded or treated for wounds as a result of hostile action.  His DA Form 66 (Officer Qualification Record), which was authenticated in his own hand, does not list the Purple Heart in item 21 (Awards and Decorations).

The applicant provided a copy of a VA Rating Decision, dated 4 June 1999, which states “The veteran’s service connected scar of the left thumb is determined to be a noncompensable combat related injury.”  The Rating Decision also states “However, resolving all doubt in favor of the veteran, it is held that the left thumb scar noted on 1972 entrance exam was a combat injury based on his report of it being incurred in Vietnam by a villager while he was conducting a village sweep.”

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 VA Rating Decision which determined that the applicant has a combat related injury.  However, this decision is not sufficient as a basis for award of the Purple Heart, particularly in view of the evidence of record which shows the applicant was not wounded and did not receive the Purple Heart.  The applicant signed his own discharge document and authenticated his own DA Form 66 which attested that he was not wounded and did not receive the Purple Heart.

2.  There is no evidence of record, and the applicant has provided no evidence, which shows that he was awarded the Purple Heart or that he was wounded or treated for wounds as a result of hostile action.  Therefore, the applicant is not entitled to award of 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 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

BJE_____  HOF____  EWL____  DENY APPLICATION

						Karl F. Schneider
						Director, Army Review Boards Agency

INDEX

CASE ID	AR1999028695	
SUFFIX		
RECON		
DATE BOARDED	20000330	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19710625	
DISCHARGE AUTHORITY	AR 635-100   	
DISCHARGE REASON	Expiration term of active duty commitment	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.