MEMORANDUM OF CONSIDERATION


	IN THE CASE OF: 
	    


	BOARD DATE:              13 January 2000
	DOCKET NUMBER:      AR1999028863

	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. Ernest M. Willcher

Chairperson

Mr. Ernest W. Lutz, Jr.

Member

Ms. Margaret V. Thompson

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 received injuries in 1971 while serving in 
Vietnam.  In support of his application he submits a letter from his former 
commander and a letter from his former flight surgeon.

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

The applicant enlisted in the Regular Army on 24 May 1968 and continued to 
serve until he was honorably discharged on 22 January 1970 to accept a reserve 
commission in the United States Army Reserve.  He was commissioned as a 
Reserve Officer in the Infantry Branch in the rank of second lieutenant on 
23 January 1970 and continued to serve until he was placed on the Army of the 
United States Retired List effective 1 April 1989 in the pay grade of 0-4.

The applicant's DD Forms 214 do not show the Purple Heart as an authorized 
award.

The applicant served in Vietnam from 21 April 1971 to 6 February 1972.

There is no record that the applicant was awarded the Purple Heart.  There also 
is no indication that he was wounded as a result of hostile action.

The applicant provided a copy of a letter prepared by his former commander in 
which he stated that he remembered the incident in which the applicant's arm
was injured during an action on/near a fire base in Military Region I, outside of 
Camp Eagle in the Republic of Vietnam in August 1971.  He also stated that the 
applicant was treated by the former Aviation Group Flight Surgeon for an arm 
wound/infection and that the applicant remained in the field for several days 
before he was able to return for further treatment.

The applicant provided a copy of a letter prepared by the former Aviation Group 
Flight Surgeon.  The former surgeon stated that applicant indicated in the letter 
that he was treated by him for these injuries on or about the 27th August 1971.  
He also stated that the applicant's former commander does remember that he 
was treated for an arm wound/infection.  He further stated that it is probable that 
he did treat the applicant at the time that he indicates, but he is unable to recall 
the treatment himself.  

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.  There is no medical evidence of record available to the Board, and the 
applicant has provided no evidence, which shows he was injured or wounded 
due to hostile action in April 1971 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:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

EMW____  EWL____  MVT____  DENY APPLICATION




						Karl F. Schneider
				     Director, Army Review Boards Agency



INDEX

CASE ID
AR1999028863
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20000113
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.
107.00
2.

3.

4.

5.

6.


 

 
 

ABCMR Memorandum of                        AC        
Consideration (cont)


ABCMR Memorandum of                                                             AR1999028863
Consideration (cont)

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