MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:            9 February 2000
	DOCKET NUMBER:    AR1999034865

	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. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Ms. Deborah S. Jacobs		Member	
	Ms. Carol Jo Suiter		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 for wounds received in Vietnam.  He also requests issuance of award certificates for the Vietnam Service Medal, the Combat Infantryman Badge, and the Vietnam Campaign Medal with 1960 Device.  

Analyst’s Note:  The Army Board for Correction of Military Records does not issue medals or award certificates.  However, in this specific case, there are no Department of the Army award certificates issued in conjunction with award of the Vietnam Service Medal, the Vietnam Campaign Medal and the Combat Infantryman Badge.  The applicant is being advised of this fact by letter.  As a result, the portion of the applicant’s request for award certificates will not be discussed further in this Memorandum of Consideration.

APPLICANT STATES:  That he was wounded in the Spring of 1968 in Cu Chi, Vietnam, but did not require immediate treatment.  He contends that the hand later became infected and required surgery in Vietnam.  He states that he “spent 2 months in the hospital at San Diego & Letterman.”  

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

That the applicant entered active duty on 20 March 1967 and completed training as a light weapons infantryman.  He served in Vietnam from 3 December 1967 to 1 November 1968 and was discharged on 24 July 1969.

The applicant’s records contain two DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge) which were issued at the time of his reenlistment on 21 February 1968 and his separation on 24 July 1969.  Both of these discharge documents were authenticated in his own hand and neither of them 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 submitted a copy of a Statement of Medical History which was completed on 7 April 1969.  He wrote on this form “operation on absessed hand”. The entry “right hand laceration-infected after wound” is in item 39 (Physician’s Summary).

Army Regulation 600-8-22 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.  The Board noted the medical document provided by the applicant which indicates a laceration to the right hand and an infection of this wound.  This document was prepared approximately a year after the applicant contends that he was wounded, it is based only on information provided by the applicant, and it does not show that the applicant was wounded or injured as a result of hostile action.  In the absence of any other corroborating evidence of record which shows that he was wounded or injured as a result of hostile action, this medical document alone is not sufficient as the basis for award of the Purple Heart.

2.  There is no evidence of record, and the applicant has provided no evidence, which shows that he was awarded the Purple Heart or that he was wounded or treated for wounds as a result of hostile action.  Therefore, the applicant is not entitled to award of the Purple Heart.

3.  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.

4.  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

RVO_____  DSJ____  CJS_____  DENY APPLICATION

						Karl F. Schneider
						Director, Army Review Boards Agency

INDEX

CASE ID	AR1999034865	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000209	
TYPE OF DISCHARGE	GD UPGRADED TO HD	
DATE OF DISCHARGE	19690724	
DISCHARGE AUTHORITY	AR 635-212.  .  .  .  .  	
DISCHARGE REASON	UNSUITABILITY C&B DISORDER	
BOARD DECISION	DENY	
REVIEW AUTHORITY	MR SCHNEIDER	
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.