MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            11 July 2000
	DOCKET NUMBER:   AR2000038370

	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. Carl W. S. Chun		Director	
	Ms. Deyon D. Battle		Analyst	

The following members, a quorum, were present:

	Mr. Raymond J. Wagner		Chairperson	
	Mr. John Saputo		Member	
	Mr. Roger Able		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:  The award of the Purple Heart (PH).

APPLICANT STATES:  That he was wounded in action while he was in Vietnam and he was never awarded the PH.  He states that he was treated at the base dispensary and he was asked if he wanted to go home.  He states that he believed that he was doing the right thing by not going home and by continuing to serve his country.  He continues by stating that once he returned from Vietnam, he continued to experience a great deal of problems with his lower back where he was hit and that he has been in and out of hospitals ever since.  He further states that when he initially requested the PH he was told that his records may have been burned in the fire at the National Personnel Records Center in 1973; however, he was later informed that his being Hispanic would be another reason why he would not be given any awards.  He concludes by stating that it is ridiculous that after 30 years he would still have to plead with America to remember what happened to him and he hopes that the prejudice mentality that existed in the military at that time has been corrected.  In support of his appeal, he submits a copies of medical record progress notes from the Department of Veterans Affairs (VA) dated 15 April and 2 December 1999 and a copy of a VA Rating Decision dated 30 September 1999.

COUNSEL CONTENDS:  That the documentation that the applicant has submitted in his own behalf in conjunction with the official records amply advances his contention and substantially reflect the probative facts needed for  equitable review.

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

On 1 February 1966, he enlisted in the Army for 3 years at Fort Dix New Jersey in the pay grade of E-1. 

The available records show that on 18 February 1966, the applicant, while at Fort Dix, began to experience back pain and he was diagnosed as having a mildly inflamed pilonidal cyst.  He was transferred Walson Army Hospital Branch Dispensary, for further treatment and evaluation.

He completed his basic combat training and on 6 January 1967, he was transferred to Fort Knox, Kentucky to complete his advanced individual training.

On 30 January 1967, while in Fort Knox, Kentucky the applicant was treated at the Ireland Army Hospital for what he believed to be a back injury.  He was diagnosed as having pilonidal cyst and sinus and he was referred to the surgical clinic where he underwent an operation on 10 February 1967.  The Clinical Record Narrative Summary dated 30 March 1967 shows that by 15 February the 

wound was clean and granulating and on 17 February 1967, he was placed on convalescent leave.  The summary also shows that he returned to the clinic on 27 February 1967, at which time it was noted that the defect was almost healed and he was discharged.  Further surgical follow-ups show that although he continued to complain of experiencing back pain, there was no swelling or inflammation found on examination and his incision had completely healed.  The Clinical Record Cover Sheet noted that his condition was not incurred in the line of duty and that it existed prior to service.

On 20 May 1967, upon completion of his advanced individual training, he was transferred to Vietnam where he performed the duties of a radio teletype operator.  He returned to the Continental United States on 11 July 1968. 

On 17 August 1968, the applicant was seen by physicians because he began to experience “black-out” spells.  During the examination the applicant stated that he had been experiencing blackout spells for the past 6 to 7 months.  He stated that his blackouts came without any warning except for an occasional sharp pain along his spine.  He further states that approximately 1 year prior to his examination his barracks was struck by a rocket and he was hit in the head by a two by four.  He was diagnosed as having a seizure disorder, secondary to a head trauma.  He was treated with the recommendation that he should returned to the neurology clinic in 1 month. 

On 8 December 1969, he was released from active duty and transferred to the USAR Control Group (Reinforcement).  He had completed 3 years of total active service and he had 311 days of lost time due to AWOL and confinement.  He was issued a General Discharge Certificate.

His awards include the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, 1 Overseas Service Bar and the Marksman Badge (M-14).

A review of the available records fails to show that the applicant sustained a wound/injury as a result of hostile action while he was in the Army.

On 1 May 1991, this Board denied the applicant’s request to have 200 days of lost time removed from his DD Form 214.

On 30 September the VA awarded the applicant a 10 percent service connection disability rating for low back pain.

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 by a medical officer, 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 actions by the Army in this case were proper, and there is no doubt to be resolved in favor of the applicant.

2.  The contentions of the applicant and his counsel have been noted by the Board.  However, they are not supported by either evidence submitted with the application or the evidence of record.  

3.  The evidence of record clearly shows that the applicant initially diagnosed with a mildly inflamed pilonidal cyst on 18 February 1966, while at Fort Dix, New Jersey.  On 10 February 1967 while in Fort Knox, Kentucky he underwent an operation and by the time he completed his surgical follow-ups, there was no swelling or inflammation found on examination and his incision had completely healed.  There is no evidence of record that shows that the applicant injured his back as a result of hostile action while he was in Vietnam.

4.  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 that requirement.

5.  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

___ra ___  ___js___  ___rjw___  DENY APPLICATION

						Carl W. S. Chun
				     Director, Army Board for Correction
					        of Military Records

INDEX

CASE ID	AR2000038370	
SUFFIX		
RECON		
DATE BOARDED	2000/07/11	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  46	107.0000	
2.  61	107.0015	
3.		
4.		
5.		
6.