MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            22 March 2000
	DOCKET NUMBER:   AR1999030123

	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. Joseph A. Adriance 		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:  In effect, that he be awarded the Purple Heart (PH). 

APPLICANT STATES:  In effect, on 19 December 1968 during the TET offensive, he was wounded while on perimeter guard duty.  His wound was the result of being hit in the right thigh by a small piece of shrapnel.  He claims that he was treated by a Medic and after receiving this treatment, he returned to duty to assist with the rest of the wounded.  He goes on to indicate that he is entitled to receive the PH based on the wound he received and that he always thought it would be added to his record; however, to date the PH has not been included in his military service record. 

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

He served on active duty, for the period of service in question, for 2 years, 
10 months, and 13 days, between 30 September 1966 and 14 August 1969.  At the time of his separation he was issued and signed a properly constituted 
DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 

The DD Form 214 on file revealed in block 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) that he had received the following awards during this tenure on active duty: the National Defense Service Medal, the Vietnam Service Medal, and the Vietnam Campaign Medal.  

There is also a DA Form 2-1 (Qualification Record) on file.  This form also contains no evidence, in either block 40 (Wounds) or block 41 (Awards and Decorations), that the applicant was either wounded in action or that he was awarded the PH.  The Military Personnel Records Jacket (MPRJ), likewise contains no orders or other documents that show either of these incidents occurred during the applicant’s tour in Vietnam.  

Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual military awards.  Paragraph 2-8 (Purple Heart) contains the regulatory guidance pertaining to awarding the PH.  It states, in pertinent part, that the PH is awarded in the name of the President of the United States to any member of an Armed Force or any civilian national of the United States who, while serving under competent authority in any capacity with one of the U.S. Armed Services after 5 April 1917, who has been wounded or killed in action.  

The awards regulation states that a wound is defined as an injury to any part of the body from an outside force or agent sustained under the conditions defined by this regulation.  In order to support awarding a member the PH, it is necessary to establish that the wound, for which the award is being made, required treatment by a medical officer.  This treatment must be supported by records of medical treatment for the wound or injury received in action, and must have been made a matter of official record.  

The applicant’s medical records, for the period of service under review, were not available to this Board.  Further, there was no independent evidence, submitted by the applicant, to verify that his wound or injury required treatment by a medical officer, or that this treatment was made a matter of official record.  In addition, the applicant provided no independent evidence, in the form of witness statements or other supporting documents, to support his claim.  

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.  After carefully examining the evidence of record and the independent evidence submitted by the applicant, the Board concluded that there was an insufficient evidentiary basis on which to grant relief.  

2.  The applicant’s service record contains no information to support his claim of entitlement to the PH, and there are no medical records available that verify that he was treated for a wound by a medical officer or that this treatment was made a matter of official record.  

3.  Further, there is no indication in the service record that the applicant ever raised this issue subsequent to the date he claims he was wounded, or at the time of his separation when he was issued and signed a DD Form 214 that did not include the PH in block 26.

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

__ja ____  __tsk____  ____ao__  DENY APPLICATION

						Karl F. Schneider
						Director, Army Review Boards Agency

INDEX

CASE ID	AR1999030123	
SUFFIX		
RECON		
DATE BOARDED	2000/03/22	
TYPE OF DISCHARGE	N/A	
DATE OF DISCHARGE	N/A	
DISCHARGE AUTHORITY	N/A	
DISCHARGE REASON	N/A	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1. 61	107.0015	
2.		
3.		
4.		
5.		
6.