MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            13 April 2000                  
	DOCKET NUMBER:   AR1999031692

	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. Fred Eichorn		Chairperson	
	Ms. Celia L. Adolphi 		Member	
	Ms. Sherri V. Ward 		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 he sustained a shrapnel wound to his left eye from a mortar attack in Vietnam.  He contends that a butterfly bandage was applied and the bleeding was stopped; however, within two days he developed a fever and was evacuated to the U.S. Navy hospital in Saigon.  He also states that he was hospitalized for 21 days past his expiration term of service date.  In support of his application, he submits a copy of his DD Form 214 (Report of Transfer or Discharge); three hematology reports dated 23 February 1966 and 
24 February 1966; a clinical record dated 25 February 1966; page 2 of a Standard Form 89 (Report of Medical History) dated 28 March 1966; and a Standard Form 511, dated 21 February 1966, which shows temperature, pulse and respiration.

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

The applicant was inducted on 9 March 1964.  He served as an armor crewman in Vietnam from 15 October 1965 through 28 February 1966 and was honorably discharged on 29 March 1966.

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

There is no evidence in the applicant’s personnel records that shows he was awarded the Purple Heart or was wounded as a result of hostile action.  Item 
27 (Wounds Received as a Result of Action with Enemy Forces) of the DD Form 214 states “NONE”.  Section 8 (Wounds Received Through Enemy Action) of the applicant’s DA Form 24 (Service Record) is blank.

The applicant provided medical documentation which shows he was hospitalized on 21 February 1966 for a fever, cough, and pain behind his eyes.  There is no evidence this condition was the result of hostile action.    

The applicant’s personnel records contain a Western Union Telegram, dated 
16 March 1966, which reports that the applicant was hospitalized and being treated for a fever of an unknown origin.  A Western Union Telegram, dated 
24 March 1966, reports that the applicant’s condition and prognosis are good and that he returned to duty on 23 March 1966.   

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.  Although the applicant contends that he sustained a shrapnel wound to his left eye from a mortar attack in Vietnam, there is no evidence available to the Board, and the applicant has provided no evidence, which shows 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 award of the Purple Heart.

3.  The preponderance of evidence in this case shows that he was not wounded or otherwise entitled to award of the Purple Heart.  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

FE_____  CLA_____  SVW____  DENY APPLICATION

						Karl F. Schneider
						Director, Army Review Boards Agency

INDEX

CASE ID	AR1999031692	
SUFFIX		
RECON		
DATE BOARDED	20000413	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19660329	
DISCHARGE AUTHORITY	AR 635-200  	
DISCHARGE REASON	Expiration term of service	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.