MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            22 October 1998  
	DOCKET NUMBER:   AC98-10609

	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.	Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Ms.	June Hajjar		Chairperson	
	Mr.	Fred K. McCoy		Member	
	Ms.	Shirley L. Powell		Member	

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	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:  That he be awarded the Purple Heart. 

APPLICANT STATES:  That he was wounded in the right ankle by an enemy gunshot and that he receives service-connected disability from the VA for his wound.  He further states that he feels that he deserves the award of the Purple Heart for personal reasons.

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

The applicant enlisted with parental consent on 28 December 1966 for a period of 3 years.  He successfully completed his training as a heavy vehicle driver and was transferred to Fort Meade, Maryland on 5 May 1967.

He continued to serve at Fort Meade until he was transferred to Vietnam on 28 March 1968.

On 9 April 1968, at 1030 hours, the applicant attended an initial orientation by the first sergeant of his unit which was located in Kontum, Republic of Vietnam.  The orientation stressed weapons safety and outlined the policy that ammunition would never be loaded into weapons, nor a round chambered, except upon order of the officer or NCO of the guard.  

At approximately 1345 hours on the same day, the applicant, while cleaning his weapon, loaded a magazine of live ammunition into his weapon and accidentally discharged it with the selector switch on fully automatic.  Three rounds were discharged with two of the rounds passing through his right foot and one round striking the ground.  The applicant was evacuated to the 7th Field Hospital in Japan.

A formal line of duty (LOD) investigation was completed on 27 April 1968.  During the course of the investigation the applicant made a sworn statement to the effect that he had been instructed in the proper use of weapons by replacement center personnel as well as the first sergeant and that he was trying to get the bolt of the weapon to work properly.  He also stated that he accidentally shot himself.  The LOD investigation found that the applicant’s injury was in the line of duty and it was approved on 4 May 1968.

The applicant was transferred to Brooke Army Medical Center at Fort Sam Houston, Texas on 5 May 1968.  He remained at Fort Sam Houston in the medical holding company until he was discharged under honorable conditions on 19 November 1968, under the provisions of Army Regulation 635-212, for unsuitability.  He had served 1 year, 10 months, and 12 days of total active service and had 78 days of lost time due to AWOL.  He had also served 1 month and 10 days in Vietnam.
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 a result of hostile action, that the wound required treatment by a medical officer, and that the medical treatment was 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.  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.

2.  The evidence of record clearly shows that the applicant’s wounds were        self-inflicted and that they were not as a result of enemy action.  Inasmuch as there are no provisions to award the Purple Heart for self-inflicted wounds that are not the result of enemy action, there is no basis for the Board to correct his records as he is requesting. 

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

__jh ____  __fkm___  __slp____  DENY APPLICATION

						Loren G. Harrell
						Director