MEMORANDUM OF CONSIDERATION

	IN THE CASE OF: 

	BOARD DATE:           22 April 1999                   
	DOCKET NUMBER:   AR1999019924

	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. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Ms. Irene N. Wheelwright 		Chairperson	
	Ms. Elizabeth Buchanon 		Member	
	Mr. Thomas A. Pagan		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:  In effect, that on 4 November 1969, while on a search and clear mission, his unit received incoming small arms fire.  He contends that he was in the process of crossing a small stream on a muddy “2 X 4” when, in a hurry, he lost his balance and fell backwards onto a “punji stick”, injuring his lower spine area.  He states that he was treated the next day at the 3rd Field Hospital in Saigon.  He also states that in retrospect, he believes his pride and youth prevented him from realizing the seriousness of the injury and the fact that he was wounded.  In support of his application, he submits a letter of explanation, medical documentation (dated 14 November 1969), and Veterans Administration (VA) documentation.     

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

He enlisted in the Army Reserve on 4 January 1966 for a period of 6 years.  He was commissioned a second lieutenant on 1 August 1968 and ordered to active duty on 6 September 1968 for a period of 2 years.  He served as an Operations Advisor in Vietnam from 30 July 1969 to 29 July 1970 and was awarded the Combat Infantryman Badge, the Army Commendation Medal for meritorious achievement and the Bronze Star Medal for meritorious service.  On 27 July 1970, he was honorably released from active duty in the rank of first lieutenant.  

The applicant’s DD Form 214 (Report of Transfer or Discharge), which was authenticated in his own hand, does not show the Purple Heart as an authorized award.

The applicant submitted a Standard Form 600 (Chronological Record of Medical Care), dated 14 November 1969, showing he was evaluated and treated at the 3rd Field Hospital, Saigon.  The record shows the entry “fell on bamboo pipe yesterday”.  There is no evidence that this condition was the result of hostile action. 

On 23 July 1970 he underwent a separation physical examination which makes no mention of any wounds sustained as a result of hostile action.

There is no evidence in the applicant’s service personnel records that he was awarded the Purple Heart or was wounded as a result of hostile action.

Subsequent to his separation, on 31 July 1970, the applicant applied for disability benefits from the VA.  VA Form 21-6796 (VA Rating Decision), dated 29 January 1971, shows the entry “On 11-4-69 veteran accidently fell on bamboo pipe”.

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.  Additionally, the governing regulation specifically prohibits award of the Purple Heart for injuries or wounds which were accidentally incurred.
 
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 applicant’s contentions were noted by the Board.  However, the Board noted that the preponderance of evidence shows the applicant’s back injury was sustained as a result of an accident, not the result of hostile action.  The Board also notes that the governing regulation specifically prohibits award of the Purple Heart for injuries or wounds which were accidentally incurred.  Therefore, he is not entitled to 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

INW_____  EB_____  TAP_____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999019924	
SUFFIX		
RECON		
DATE BOARDED	19990422	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19700727	
DISCHARGE AUTHORITY	AR 635-100 CHAPTER 3	
DISCHARGE REASON	OFFICER – EXPIRATION OF ACTIVE DUTY COMMITMENT	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107	
2.		
3.		
4.		
5.		
6.