MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:             26 April 2000                  
	DOCKET NUMBER:    AR1999029876

	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. Walter Avery, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Stanley Kelley		Chairperson	
	Ms. Karol A. Kennedy		Member	
	Mr. Curtis L. Greenway		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:  That he be awarded the Purple Heart.

APPLICANT STATES:  That he is entitled to the Purple Heart for wounds received from an enemy mortar attack while he was in Vietnam.  In support of his request, he has provided a copy of several pages from his health record showing he received treatment on 23 February 1969 for low back pain and copy of orders awarding him the Bronze Star for actions taken on 23 February 1969.

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

He was inducted on 10 August 1954, trained as a field artilleryman and served    24 years, 7 months, 21 days before being discharged for the purpose of retirement at the rank of Sergeant Major.

During his enlistment, he served approximately one year in Vietnam as Chief of a Firing Battery.  His awards include the following:  National Defense Service Medal with First Oak Leaf Cluster, Bronze Star Medal with Second Oak Leaf Cluster, Bronze Star Medal with “V” device and First Oak Leaf Cluster, Army Commendation Medal with Third Oak Leaf Cluster, Good Conduct Medal 6th Award, Republic of Vietnam Campaign Medal, Meritorious Unit Commendation, Silver Star, Republic of Korea Presidential Unit Citation, Drill Sergeant Identification Badge, 2 Overseas Bars, Republic of Vietnam Civil Actions Honor Medal First Class, Vietnam Service medal with 4 Service Stars, Republic of Vietnam Gallantry Cross with Bronze Star, Republic of Vietnam Gallantry Cross Unit Citation with Palm, Expert Qualification Badge with Carbine and Rifle bars, and the Parachutist Badge.

His medical records indicate he was initially treated for lower back complaints in 1957 and on several subsequent occasions.

The medical record provided by the applicant indicates the following entry on       23 February 1969 “back pain since lifting heavy equipment, 3 days ago – worsened considerably yesterday by jumping off 10’ tower, low back pain going into groin – worse by sitting or lying, walking, no leg pain.”  The applicant’s hand written note “injury was misdiagnosed” is next to the entry. 

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 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 supporting documentation furnished by the applicant provides incomplete/confusing information regarding the wounds he suffered during his service and fails to establish that he was wounded as a result of hostile action.

2.  The record of medical care for a complaint of lower back pain gives information pertaining to the circumstance of the injury that differs from the present contention of the applicant.  While the record shows the treatment for the injury it states the injury occurred three days prior to the day the applicant states it occurred. 

3.  To further confuse the issue the applicant’s records clearly show he suffered from chronic back pains for several years prior to the alleged day of injury.  In addition, the entry written on the medical record sheet is based on the information normally provided by the patient to the doctor.  The applicant provides no reasonable explanation as to how the doctor could have so totally misunderstood the date and the cause of the applicant’s alleged lower back pain. The applicant’s current explanation is not supported by evidence in the record.

4.  The applicant submitted a copy of the order awarding him the Bronze Star Medal.  The order depicts the events surrounding the applicant’s heroic actions on 23 February 1969.  It is clear that the applicant’s commander was aware of his actions and submitted him for the Bronze Star Medal as the appropriate recognition for his actions.  It is also clear by its absence that the commander made a decision that the circumstances did not qualify the applicant for award of the Purple Heart.

5.  The applicant has not provided any evidence and the record contains no evidence to show that he was wounded as a result of enemy action and is entitled to the Purple Heart.

6.  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

__sk____  __kak ___  ___clg___  DENY APPLICATION

				                 Karl F. Schneider
				Director, Army Review Boards Agency

INDEX

CASE ID	AR1999029876	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000426	
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.