MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:  27 June 2000
	DOCKET NUMBER:  AR1999029898

	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. Stephanie Thompkins		Analyst	

  The following members, a quorum, were present:

	Mr. Mark D. Manning		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Mr. Walter T. Morrison		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:  He was first treated by an Army doctor in the Republic of Vietnam, then 3 days later flown to the 3rd Field Hospital and the doctors there did note the award on his records.  He recently went to the Veterans Administration (VA) and discovered the error.  To support his contentions he submits clinical records dated 15 June and 6 July 1971.

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

He enlisted in the Army on 30 August 1954 as a private E-1, with prior military service.  He served until his honorable discharge for expiration term of service on 6 September 1957 and transferred to the USAR.

He reenlisted in the Army on 5 February 1958 and attained the rank and grade of sergeant first class E-7 on 9 January 1969. 

His medical record shows he was treated at the 3rd Field Hospital on 16 June 1971 for a sprained left ankle.  

He was retired from the Army on 31 July 1975.

There is no evidence in his records to show he was wounded in action.

Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against an enemy or 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.  In view of the circumstances in this case, the applicant is not entitled to award of the Purple Heart.  He has not shown error, injustice or inequity for the relief he now requests.

2.  His contentions have been noted; however, the applicant has not shown that he was wounded as a result of hostile action, that he was treated by a medical officer for a wound received in action, or that the foregoing is a matter of official medical record.

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 this 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

__mm___  __cg______  __wm__  DENY APPLICATION

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

INDEX

CASE ID	AR1999029898	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000627	
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.		
2.		
3.		
4.		
5.		
6.