MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:             3 August 2000                 
	DOCKET NUMBER:     AR1999034479

	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	
	Mr. W. E. Schnupp. 		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Edwin S. Castle		Member	
	Mr. Orville W. Troesch, Jr.		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:  That he was wounded in the left cheek and both legs from shrapnel from a shell or RPG (rocket propelled grenade) in approximately October 1969 but never received the Purple Heart.  He contends that he does not have medical records of his treatment.

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

He enlisted in the Regular Army on 7 September 1965 and through a series of reenlistments remained on active duty until his honorable discharge on 28 May 1974 in the grade of staff sergeant.  He served two tours in Vietnam as a light weapons infantryman from February 1967 to February 1968 and July 1969 to July 1970 and three tours of duty in Germany.

His awards include the Bronze Star Medal, the Army Commendation Medal, the Good Conduct Medal with Two Loops, the National Defense Service Medal, the Vietnam Service Medal with Seven Service Stars, the Vietnam Campaign Medal with 1960 Device, the Combat Infantryman Badge, the Vietnam Gallantry Cross with Palm Unit Citation Badge, the Expert Badge with Automatic Rifle and Pistol Bars and the Sharpshooter Badge with Rifle Bar.

His separation document (DD Form 214) does not show the Purple Heart as an authorized award.

Block 40 (wounds) of his Enlisted Qualification Record (DA Form 20) does not show that he received any wounds as a result of hostile action; nor, does block 41 (awards and decorations) of the form reflect that he was awarded the Purple Heart.

His separation medical examination completed on 7 March 1974 contains no comment by the applicant or the examining physician regarding wounds received during service.

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 by a medical officer, 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.  The applicant has provided no evidence and his record contains no evidence to show that he was wounded as a result of hostile action and is entitled to award of the Purple Heart.  In the absence of such evidence there are no grounds for this Board to award the Purple Heart.

2.  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 satisfies this requirement.

3.  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 __  ___esc __  ___owt __  DENY APPLICATION

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

INDEX

CASE ID	AR1999034479	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000803	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.  107.00		
2.		
3.		
4.		
5.		
6.