MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            15 August 2000                  
	DOCKET NUMBER:    AR2000035082

	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. Carl W. S. Chun		Director	
	Mr. W. E. Schnupp		Analyst	

  The following members, a quorum, were present:

	Mr. Thomas D. Howard, Jr.		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Ms. Gail J. Wire		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 his separation document (DD Form 214) be corrected to show that he was awarded the Purple Heart.

APPLICANT STATES:  That he was wounded in combat and was to be issued the Purple Heart Medal, but it was not recorded on his DD Form 214 and was not issued.

In support of his request, he has provided a copy of the Physical Evaluation Board Proceedings and Medical Board Proceedings that found him permanently disabled as a result of a gunshot wound to the left leg, a copy of the Clinical Record Report of Medical Examination dated 16 July 1968 describing the history, diagnosis and disposition of his injury and a copy of his DD Form 214.

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

He enlisted in the Regular Army on 13 March 1967, served in Vietnam as a rifleman in the 25th Infantry Division from October to December 1967, was evacuated to the States for treatment of a gunshot wound to the leg and permanently retired by reason of physical disability on 13 November 1968.

His awards include the National Defense Service Medal, the Vietnam Service Medal, the Combat Infantryman Badge, the Expert Badge with Rifle and Machine Gun Bars and the Sharpshooter Badge with Automatic Rifle Bar.  Although the DD Form 214 shows that he was authorized the Vietnam Campaign Medal with 1960 Device, it was not issued to him because it was determined that he did not meet the 6 months service in Vietnam requirement and his wounds did not result from hostile action.

The documentation provided by the applicant (copies of which are also contained in his Official Military Personnel File) show that he was permanently medically retired as a result of a gunshot wound of the left ankle with fractures of left tibia and fibula with resultant ankylosis of left ankle and one inch shortening of the left leg.

The Clinical Record Narrative Summary of his injury shows that “On 25 October 1967, while in the Republic of Vietnam, the patient was carrying an M16 rifle suspended behind him when it was caught in the brush and accidentally discharged.  The patient sustained an entry wound to the left calf with a fracture of the left tibia and fibula.”

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.  The evidence of record clearly shows that the applicant’s wound was accidental and not the result of enemy action.

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 an individual to the 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

___tdw __  ___aao__  ___gjw __  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2000035082	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000815	
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.