MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:            22 July 1999      
	DOCKET NUMBER:   AR1999015508

	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. Beverly A. Young		Analyst	

  The following members, a quorum, were present:

	Mr. Calvin M. Fowler		Chairperson	
	Mr. Thomas N. Kuhn		Member	
	Mr. Raymond J. Wagner		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:  Correction of his DD Form 214 (Report of Transfer or Discharge) to show award of the Purple Heart for injuries he sustained in Vietnam.

APPLICANT STATES:  That he received shrapnel wounds in his back while he was in one unit, then he was transferred to a hospital for treatment.  After the treatment, he states that he was released and transferred to a different unit.  In support of his application, he submits a VA Form 21-4138 (Statement in Support of Claim), dated 29 April 1998 and a copy of his DD Form 214.

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

The applicant was inducted in the Army on 13 July 1970 and completed basic and advanced individual training as an infantryman.  He served in Vietnam from 14 December 1970 to 13 December 1971 and was honorably released from active duty on 19 January 1972.

The applicant’s DD Form 214, signed in his own hand, does not show the Purple Heart as an authorized award.  His DA Form 20 (Enlisted Qualification Record) does not list award of the Purple Heart in item 41 (Awards and Decorations).

There is no evidence in the applicant’s records which show he was awarded the Purple Heart or treated for wounds due to hostile action.  The applicant’s report of medical examination for separation, dated 13 January 1972 does not indicate defects of the skin or scars consistent with wounds sustained in combat.

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.  There is no evidence available to the Board which shows that the applicant was awarded the Purple Heart or was wounded or treated for wounds due to hostile action.  Therefore, the applicant is not entitled to 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

CMF____  TNK_____  RJW____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999015508	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990722	
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.	107.0015	
2.		
3.		
4.		
5.		
6.