MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  1 August 2000
	DOCKET NUMBER:  AR1999034709

	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. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Ms. Deborah S. Jacobs 		Chairperson	
	Mr. Ernest W. Lutz		Member	
	Ms. Karol A. Kennedy		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 by shrapnel in Vietnam.  He was sent to the hospital because his arm was swollen.  He thought it was a spider bite.  After 2 weeks in the hospital a piece of shrapnel popped out of his arm.  Hospital medical records should have the proof.

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

He was inducted and entered active duty on 21 March 1968.  He completed training as an armor crewman and was AWOL from 11 August to 18 September 1968.  On 14 October 1968 he was convicted by special court-martial of the AWOL offense.

The applicant was assigned to Vietnam from 19 January 1969 to 24 February 1970.  While there he was promoted to pay grade E-4, was AWOL twice for a total of 37 days, and was reduced to pay grade E-1.

On 4 March 1970 the applicant was separated from active duty and transferred to the USAR in pay grade E-1.  Neither his separation document (DD Form 214) nor his Enlisted Qualification Record (DA Form 20) show the Purple Heart as an authorized award or that he was hospitalized or wounded.  There are no medical records in the available record and the applicant provided none.

Army Regulation 600-8-22 provides the policy on awards of the Purple Heart.  It 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, and none submitted by the applicant, that he was wounded as a result of enemy action while serving in Vietnam.  He is not entitled to an award of 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 would satisfy the aforementioned 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

__dj___  ___el___  ___kk___  DENY APPLICATION

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

INDEX

CASE ID	AR1999034709	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000801	
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.		
2.		
3.		
4.		
5.		
6.