MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            16 December 1999  
	DOCKET NUMBER:    AR1999031774

	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. Loren G. Harrell		Director	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Fred K. McCoy		Chairperson	
	Mr. Raymond V. O’Connor, Jr.		Member	
	Mr. Stanley Kelley		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:  Two awards of the Purple Heart (correctly known as the Purple Heart with one Oak Leaf Cluster). 

APPLICANT STATES:  In effect, that he was wounded twice while serving in hostile actions in Vietnam.  He contends that he sustained a shrapnel wound to his right wrist in August 1967 and that sometime during August or September 1968 he received shrapnel in his right leg.  In support of his application, he submits a letter of explanation.

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

The applicant enlisted on 3 June 1966 for a period of 3 years.  He served as a medic in Vietnam from 1 June 1967 until 17 December 1968 and was honorably discharged on 2 June 1969.   

The applicant’s DD Form 214 (Report of Transfer or Discharge), which was authenticated in his own hand, does not show any award of the Purple Heart as an authorized award. 

There is no evidence in the applicant’s personnel records that he was awarded the Purple Heart or was wounded as a result of hostile action.  Item 40 (Wounds) of the applicant’s DA Form 20 (Enlisted Qualification Record), which was authenticated in his own hand, is blank.  Item 41 (Awards and Decorations) of the DA Form 20 does not show entitlement to the Purple Heart.    

The applicant’s separation examination conducted on 29 April 1969 makes no mention of any injuries or wounds sustained as a result of hostile action.    

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. The bronze oak leaf cluster is awarded to denote the second and succeeding awards of a certain decorations, among which is the Purple Heart.

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 Board noted the applicant’s contention that he was wounded in combat in August 1967 and wounded sometime during August or September 1968 in Vietnam.  However, there is no evidence of record available to the Board which shows he was wounded or treated for wounds sustained by hostile action in Vietnam. 
2.  Evidence of record shows the applicant signed his DD Form 214 and DA Form 20 attesting to the fact he was not entitled to the Purple Heart.  

3.  The preponderance of evidence in this case shows that he was not wounded or otherwise entitled to any award of the Purple Heart.  Therefore, he is not entitled to award of the Purple Heart with First Oak Leaf Cluster. 

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

FKM____  RVO____  SK______  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999031774	
SUFFIX		
RECON		
DATE BOARDED	19991216	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19690602	
DISCHARGE AUTHORITY	AR 635-200 	
DISCHARGE REASON	Expiration of term of service	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.