MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           11 July 2000                  
	DOCKET NUMBER:   AR2000040180

	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. Wanda L. Waller		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:  Correction of his military records to show award of the Purple Heart and the Air Medal.

APPLICANT STATES:  That his DD Form 214 (Report of Transfer or Discharge) does not include his awards of the Purple Heart or the Air Medal.  In support of his application, he submits a letter of explanation, dated 13 March 2000, wherein he contends that he participated in numerous heavy combat missions and that his eardrums burst during a combat attack in Vietnam.  He also states that his back, knees and hands were swollen from the injuries sustained during the bombing, that he was diagnosed with rheumatoid arthritis and he also suffered a ruptured lumbar disk in his lower back during the bombing.  He goes on to state that he was told by the medical doctor that the necessary paperwork would be submitted for his Purple Heart and that his medical records are not complete because they were lost enroute from Vietnam to the United States.  He claims that his current VA records indicate that he has been treated for the past thirty years for arthritis, hearing loss and head concussion.   The applicant also submits a copy of his DD Form 214; a DA Form 8-274 (Medical Condition – Physical Profile Record) dated 5 February 1969; an award certificate and citation for the Air Medal; and a VA Rating Decision dated 14 July 1999.  

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

The applicant was inducted on 14 July 1967.  He served as a light weapons infantryman in Vietnam from 23 March 1968 through 2 March 1969 and was honorably discharged on 7 March 1969.

The applicant’s DD Form 214, which was authenticated in his own hand, does not show the Purple Heart or the Air Medal as authorized awards.

There are no orders in the applicant’s service personnel records which show that he was awarded the Purple Heart.  There also is no evidence in his records that he was wounded or treated for wounds as a result of hostile action.  His DA Form 20 (Enlisted Qualification Record) does not show any entry in item 40 (Wounds) or list the Purple Heart in item 41 (Awards and Decorations).

The applicant provided a copy of DA Form 8-274 (Medical Condition - Physical Profile Record) dated 5 February 1969.  Item 6 (Individual Has the Defect(s) Listed Below) of this form shows “Rhumatoid arthritis.”  There is no evidence this condition is the result of hostile action in Vietnam. 
 
The applicant also provided a VA Rating Decision, dated 14 July 1999, which grants service connection for tinnitus at 10 percent.  This decision also states “Complaints of tinnitus are not noted in the service medical records.  This condition was previously denied since tinnitus was not noted in the service medical records.  Better understanding of the condition at present permits us to grant service connection even though the service medical records are negative.”  
A DD Form 215 (Correction to DD Form 214) was issued on 15 September 1977 amending the applicant’s DD Form 214 with an effective date of 7 March 1969 to show the Air Medal.  Therefore, this portion of the applicant’s request for award of the Air Medal will not be discussed further in the Memorandum of Consideration.

Army Regulation 600-8-22 (Military Awards) 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.  Notwithstanding the medical and VA documentation submitted by the applicant, there is no evidence available to the Board which shows that he was wounded or treated for wounds due to hostile action in Vietnam.

2.   Evidence of record shows the applicant signed his DD Form 214 attesting to the fact he was not entitled to the Purple Heart.

3.  The preponderance of evidence in this case shows the applicant was not wounded or otherwise entitled to the Purple Heart.  Therefore, he is not entitled to correction of his military records to show award of the Purple Heart.

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 the aforementioned 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

RJW____  JS______  RA______  DENY APPLICATION

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

INDEX

CASE ID	AR2000040180	
SUFFIX		
RECON		
DATE BOARDED	20000711	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19690307	
DISCHARGE AUTHORITY	AR 635-200 Chapter 5  	
DISCHARGE REASON	Overseas Returnee	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.	107.0018	
3.		
4.		
5.		
6.