MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            15 March 2000                 
	DOCKET NUMBER:    AR1999028855

	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. W. E. Schnupp		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor, Jr.		Chairperson	
	Ms. Margaret K. Patterson 		Member	
	Mr. Van B. Cunningham		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:  That the Purple Heart be added to his records.

APPLICANT STATES:  That during the TET counter-offensive, while moving to a bunker, he tripped over some barbed wire and received a laceration on his right leg just below the knee.  He was treated at the dispensary and returned to his duty position.

In support of his request, he has provided a copy of his DA Form 20, Enlisted Qualification Record, and the pertinent page of his medical record showing that he was treated for a laceration to the right lower leg on 30 June 1968.

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

He was inducted on 20 February 1967 and served 1 year in Vietnam from January 1968 to January 1969 as a decontamination specialist and chemical equipment repairman.  He was honorably released to the USAR on 18 January 1969 in pay grade E-4.  His awards include the National Defense Service Medal, the Vietnam Campaign Medal, the Vietnam Service Medal and the Good Conduct Medal.

The extract of the applicant’s medical record shows that he was treated on        30 June 1968 for a laceration to the lower right leg from barbed wire.  The entry does not further elaborate on the cause of the injury.

Block 40 (Wounds) of his DA Form 20, contains no entry concerning wounds.

Army Regulation 600-8-22, Military Awards, 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 by a medical officer, 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.  Unfortunately, the evidence provided by the applicant does not establish that his injury was the result of hostile action, a necessary perquisite for award of the Purple Heart.

2.  Accidental injuries received in a combat zone not directly attributable to an act of the enemy are not considered wounds received in action and, therefore, do not entitle the individual to a Purple Heart.

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

_rvo______  _mkp__ __  __vbc_  DENY APPLICATION

						Karl F. Schneider
						Director, Army Review Boards Agency

INDEX

CASE ID	AR1999028855	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	YYYYMMDD	
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.  107.00		
2.		
3.		
4.		
5.		
6.