MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            3 August 2000    
	DOCKET NUMBER:   AR1999033837

	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. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Calvin M. Fowler		Member	
	Mr. Edwin S. Castle		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 injured his right knee in combat on
29 December 1968 in Vietnam.  In support of his application, he submits a letter of explanation dated 11 November 1999; a Standard Form 180 (Request Pertaining to Military Records) dated 12 April 1999; a copy of his DD Form 214 (Report of Transfer or Discharge); a copy of DA Form 8-274 (Medical Condition - Physical Profile Record) dated 31 December 1968; a medical record dated 
15 January 1969; VA documentation dated 9 October 1973; and a copy of his DA Form 20 (Enlisted Qualification Record).    

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

The applicant’s military records show that he enlisted on 10 June 1968 for a period of 2 years.  He served in Vietnam from 14 November 1968 through 6 June 1969 and was honorably discharged on 9 June 1969.

The applicant’s DD Form 214, 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 copy of DA Form 8-274 (Medical Condition – Physical Profile Record), dated 31 December 1968, which shows he received a permanent profile and was found medically qualified for limited duty.  This form also shows the entry “Exostosis patella (post surgical), chondromalacia patella.” in item 6 (Individual Has the Defect(s) Listed Below).  The applicant also provided a medical record, dated 15 January 1969, which shows the entry “Complaining pain R [right] patella for 1 ½ weeks.”  There is no evidence that this condition was the result of hostile action in Vietnam.  

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 injured his right knee during combat on 29 December 1968 in Vietnam, there is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he was injured or treated for wounds as a result of hostile action in Vietnam.

2.  The applicant signed his DD Form 214 attesting to the fact he was not entitled to the Purple Heart.

3.  The preponderance of evidence in this case shows that the applicant was not wounded as a result of hostile action or otherwise entitled to award of the Purple Heart.  Therefore, he 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 this 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____  CMF_____  ESC____  DENY APPLICATION

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

INDEX

CASE ID	AR1999033837	
SUFFIX		
RECON		
DATE BOARDED	20000803	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19690609	
DISCHARGE AUTHORITY	AR 635-40  Para 33	
DISCHARGE REASON	Physical Disability	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.