MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:           18 March 1999
	DOCKET NUMBER:   AC98-09503
				   AR1999015689

	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	
	Mr. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. James M. Alward		Chairperson	
	Ms. Karen Y. Fletcher		Member	
	Mr. Ernest W. Lutz, 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 injured on 4 November 1979 during the Iranian crisis in the line of duty.  He states that he was a member of the 3d Battalion 84th Field Artillery, a Pershing Missile unit in Germany, “on a NATO alert because of the Hostage Crisis in Iran.”  The applicant also states that this incident “happened during a wartime situation” and he does not “know why it was overlooked.”

COUNSEL CONTENDS:  That the applicant should receive relief consistent with the evidence of record.

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

The applicant entered active duty on 27 July 1977.  He completed training as a Pershing missile crewman and was assigned to Germany.  The applicant was honorably discharged on 22 July 1980.

The applicant contends that he was injured on 4 November 1979 in Germany as a result of the hostage crisis in Iran.  There is no indication in the records available to the Board that he was injured on 4 November 1979 in Germany.  The applicant’s records do not contain any evidence that he was wounded or injured as a result of action with a hostile enemy force on 4 November 1979.  

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 notes that the applicant contends he was injured during a NATO alert in Germany during the Iranian hostage crisis and that his injury occurred during a “wartime situation”.  However, the applicant provided no evidence to show that hostilities had commenced, a wartime situation existed or that the Purple Heart was authorized for award at the time in question.

2.  There is no evidence, and the applicant has provided no evidence, which shows that he was wounded or injured or treated for wounds or injuries resulting from hostile action as required by the regulation governing 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

JMA____  KYF_____  EWL____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC98-09503/AR1999015689	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990318	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19800722	
DISCHARGE AUTHORITY	AR 635-200, PARA 5-12	
DISCHARGE REASON	LENGTH OF SERVICE REMAINING	
BOARD DECISION	DENY	
REVIEW AUTHORITY	MR HARRELL	
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.