MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:            15 March 2000
	DOCKET NUMBER:   AR1999029018

	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. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor, Jr.		Chairperson	
	Ms. Margaret K. Patterson		Member	
	Mr. Van B. Cunningham		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:  In effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show that he
was awarded the Purple Heart.

APPLICANT STATES:  Through counsel, that he received a gunshot wound to his abdomen on 29 January 1968.  In support of his application he submits a copy of his DD Form 214, VA Rating Decision and a copy of his DA Form 20 (Personnel Qualification Record).

COUNSEL CONTENDS:  The Military Justice Clinic, as counsel for the applicant, contends that the applicant’s DD Form 214 is incorrect and that the Purple Heart is not reflected in item 24 (Decorations and Awards) of his DD Form 214.  Counsel requests that his DD Form 214 be officially changed to reflect the Purple Heart by reason of gunshot wound.  He also states that the discharge process is improper because his official military records and VA records confirms a gunshot wound; however, the award is not reflected on his DD Form 214.  He further states that it is inequitable to permit the applicant to suffer mentally, emotionally and physically for thirty years without properly and officially correcting his DD Form 214 and acknowledging the fact that he received a gunshot wound while on active duty.

EVIDENCE OF RECORD:  The applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show he was inducted on 13 March 1967 as a postal clerk.  He served in Vietnam and was honorably discharged on 12 March 1969.

The applicant’s DD Form 214 does not show the Purple Heart as an authorized award.  There is no record that the applicant was awarded the Purple Heart

The applicant provided a copy of his VA Rating Decision, which shows that he
was granted 10 percent for a service-connected disability for a gunshot wound to the abdomen with colectomy, which occurred on 29 January 1968 while serving in Vietnam.  The VA Rating Decision also indicated that the applicant was shot by another U.S. soldier.  There is no indication that his gunshot wound occurred during ground combat with the enemy.

Army Regulation 600-8-22 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.  Evidence of record shows the applicant received a gunshot wound to his 
abdomen on 29 January 1968 while serving in Vietnam and his VA Rating Decision indicates that he was shot by another U.S. soldier.  There is no evidence of record and the applicant has provided no evidence, which shows that his gunshot wound was the result of hostile action while serving in Vietnam.  Therefore, he is not entitled to 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:

RVO____  MKP____  VBC____  GRANT

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

Karl F. Schneider
Director, Army Review Boards Agency

INDEX

CASE ID	AR1999029018	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000315	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19690312	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1  61		
2.		
3.		
4.		
5.		
6.