MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            6 April 2000      
	DOCKET NUMBER:   AR1999030968

	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.

	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Ernest M. Willcher		Member	
	Mr. James E. Anderholm		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:  In effect, that sometime in July or August 1968 his camp was hit with a barrage of rocket and mortar fire and he injured his left shoulder while “diving for cover”.  He contends that the medic attended to his cuts, and that he was sent to the evacuation hospital for x-rays and it was determined that he suffered a dislocated shoulder and possible ligament damage.  He also contends that he was ordered to keep his shoulder in a sling and was placed on light duty for 2 to 3 weeks.  He goes on to state that his Vietnam medical records have never been located and the records pertaining to his shoulder injury were ruined when he was caught in a typhoon in October 1968.  In support of his application, he submits a statement from his company commander who contends the applicant should be awarded the Purple Heart for injuries sustained as a direct result of combat during the summer of 1968 in Vietnam.  

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

The applicant enlisted in the USAR on 14 June 1961.  He was ordered to active duty on 29 July 1961 for training as a light weapons infantryman and was honorably discharged from active duty on 28 January 1962 and returned to the USAR to complete his remaining service obligation.  He enlisted in the Regular Army on 28 February 1963 for a period of 3 years.  The applicant served as an armor crewman in Germany for 2 ½ years and was honorably discharged on 
22 February 1966 and transferred to the USAR.  He reenlisted in the Regular Army on 15 August 1967 for a period of 3 years.  He served as an armor crewman in Vietnam from 30 March 1968 through 25 March 1969 and was honorably discharged on 7 August 1970.

The applicant’s DD Form 214 with an effective date of 7 August 1970, which was authenticated in his own hand, does not show the Purple Heart as an authorized award. 
 
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 statement from his company commander dated 23 July 1999.  The company commander states that during the summer of 1968, while under enemy rocket and mortar fire and while diving for cover, the applicant struck his left shoulder on an unidentified object, suffering lacerations, deep 

bruising and swelling.  He states the applicant was immediately evacuated to a field aid station where it was determined that he had suffered a dislocated shoulder, that he was returned to the unit and placed on light duty.  He contends that the applicant should be awarded the Purple Heart for wounds sustained in combat.

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.  There is no evidence of record available to the Board which shows the applicant was injured or wounded as a result of 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 Board noted the statement from the applicant’s company commander. 
However, this statement made approximately 31 years after the fact is not sufficient by itself as a basis for award of the Purple Heart in view of evidence of record which shows the applicant was not wounded.  Therefore, the applicant 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

JNS_____  EMW___  JEA_____  DENY APPLICATION

						Karl F. Schneider
						Director, Army Review Boards Agency

INDEX

CASE ID	AR1999030968	
SUFFIX		
RECON		
DATE BOARDED	20000406	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19700807	
DISCHARGE AUTHORITY	AR 635-200  	
DISCHARGE REASON	Early separation	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.