MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            22 March 2000
	DOCKET NUMBER:   AR2000036865

	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. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. James M. Alward		Chairperson	
	Mr. Ted S. Kanamine		Member	
	Mr. Arthur A. Omartian		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 wounded while clearing a minefield in Vietnam in March 1968.  In support of his application, the applicant submitted a copy of a 10 October 1999 letter to a Member of Congress, a copy of a 10 April 1998 letter to a Member of Congress, a copy of a 28 October 1997 letter to the U.S. Army Reserve Personnel Center, a copy of a 23 October 1995 Rating Decision by the Department of Veterans Affairs (DVA), and copies of five DD Forms 214 (discharge documents).

EVIDENCE OF RECORD:  The applicant's military records were requested from the records repository in St. Louis , Missouri; however, the records custodian could not locate them.  This case is being considered based solely on records provided by the applicant.

Available documents show that the applicant completed over 20 years of active Federal service and was separated by reason of retirement on 31 December 1977.  The applicant’s DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) which covers that applicant’s period of service from 6 May 1967 through 22 March 1973 also includes his service in Vietnam.  This DD Form 214 shows in the “REMARKS” block that the applicant served in Vietnam from 4 October 1967 through 4 May 1969.

The DD Form 214 covering the applicant’s service in Vietnam was authenticated in the applicant’s own hand.  This record shows the awards and decorations received during his service in Vietnam, but does not show the Purple Heart as an authorized award.

The applicant states in his 28 October 1997 letter to the U.S. Army Reserve Personnel Center that he was wounded in March 1968 while clearing a minefield north of Chu Lai, Vietnam.  He states that he was treated at the 47th Infantry Aid Station and that he later saw a doctor, was “x-rayed” and bandaged at the 198th Aid Station at Chu Lai.  He states that he did not receive a Purple Heart for the wound to his right knee.

The 23 October 1995 Rating Decision by the DVA shows the applicant is undergoing evaluation for post traumatic stress disorder (PTSD) and evaluation of a service connected right knee condition.  The rating decision states that:  “The veteran served in Vietnam and is service connected for shrapnel wounds.”  There is no evidence in this rating decision that the applicant’s service medical records were available to the DVA or that there was any medical evidence confirming a shrapnel wound resulting from hostile action in Vietnam.

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. The applicant has provided no evidence to show that he was wounded as a result of hostile action.  He authenticated his discharge document in his own hand attesting to the fact that he was not entitled to award of the Purple Heart. 

2.  The Board noted the DVA evaluation of the applicant as service connected for shrapnel wounds.  However, in the absence of medical evidence which shows the applicant was wounded as a result of hostile action or treated for wounds resulting from hostile action, the DVA evaluation is not sufficient by itself for 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

___JA__  ___TK____  __AO___  DENY APPLICATION

						Karl F. Schneider
						Director, Army Review Boards Agency

INDEX

CASE ID	AR2000036865	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000322	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19771231	
DISCHARGE AUTHORITY	AR 635-200.  .  .  .  .  	
DISCHARGE REASON	OVER 20 YEARS AFS	
BOARD DECISION	DENY	
REVIEW AUTHORITY	MR SCHNEIDER	
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.