MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:           9 March 2000                  
	DOCKET NUMBER:   AR1999028800

	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:

	Ms. June Hajjar  		Chairperson	
	Mr. Thomas D. Howard, Jr.		Member	
	Ms. Carol Jo Suiter 		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 assigned to Battery B, 1st Battalion,        211th Artillery, 197th Infantry Brigade.  In June 1968 he was wounded by shrapnel from an incoming rocket and was treated at an Army medical facility in Pleiku.  He was wounded on LZ Baldy. 

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

The applicant was inducted into the Army on 1 August 1967, completed basic training at Fort Ord, California, and training as an artilleryman at Fort Sill, Oklahoma.  In January 1968 he was assigned to Headquarters and Service Battery, 2nd Battalion, 9th Artillery, 4th Infantry Division, in Vietnam.  He was promoted to pay grade E-4 on 23 July 1968 and was awarded the Army Commendation Medal for meritorious service for the period January 1968 to January 1969.  He was promoted to Sergeant in January 1969.  

The applicant completed his tour of duty in Vietnam and returned to the United States at Fort Benning, Georgia in February 1969 and was assigned to Battery B, 1st Battalion, 211th Artillery, 197th Infantry Brigade.  He was released from active duty on 31 July 1969.  He had two years of service.  His DD Form 214 does not show award of the Purple Heart.  The applicant’s DA Form 20 does not indicate that he was wounded in action, nor does it show award of the Purple Heart.   

Information from the Total Army Personnel Command Awards Branch indicated that there was no record of the applicant having received an award of the Purple Heart, nor any record that he was listed as a casualty on the Vietnam casualty roster maintained by that agency.

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 nor has the applicant submitted any, to show that he was wounded in action.  He is not entitled to award of the Purple Heart.

2.  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

___cjs___  ___jh____  ___tdh__  DENY APPLICATION

						Karl F. Schneider
						Director, Army Review Boards Agency

INDEX

CASE ID	AR1999028800	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000309	
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.