MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:            15 August 2000                  
	DOCKET NUMBER:    AR2000035351

	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 he be awarded the Purple heart.

APPLICANT STATES:  That he is entitled to the Purple Heart for injuries received in enemy action in July 1966.

In support of his request, he has provided statements from two fellow soldiers who were with him at the time he was injured, a copy of his report of medical examination at the time of his enlistment in the Army on which he indicated he had no scars and a copy of the examination report done at the time of his separation  on which he indicated that he had scars, a copy of a Health Record-Abstract of Service showing that he apparently was treated in the 17th Field Hospital in Vietnam on 26 December 1966 and a copy of a chest x-ray report dated 29 December 1967 indicating that his chest was normal.

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

He enlisted in the Regular Army on 6 July 1964 and served in Vietnam as a movement specialist with the 124th Transportation Company from November 1965 to November 1966.  He was honorably released to the US Army Reserve at the completion of his term of service on 5 July 1967 in the grade of specialist-four.

His awards include the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal with 1960 Device, the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Sharpshooter Badge with Rifle Bar.

His DD Form 214 does not show the Purple Heart as an authorized award.  Nor, does his Enlisted Qualification Record item 40 (wounds) indicate that he was wounded or injured during his Vietnam service.

The statements from his fellow soldiers indicate that the applicant injured his arm and chest when he fell into a barbed wire perimeter fence during an enemy attack.  Neither statement shows that the applicant was evacuated or treated at a medical facility for his injuries.

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.

Army Regulation 600-200, Preparation and Maintenance of the Enlisted Qualification Record, provides in pertinent part for item 40, (wounds); Enter a brief description of wounds or injuries requiring medical treatment, received through hostile or enemy action, including those requiring hospitalization.  Enter the date wounded or injured.

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 available records contain no evidence of medical treatment for a wound. His personnel records do not show that he was injured as a result of enemy action and the medical evidence he has provided (an indication of scars noted on his separation physical examination and evidence of a chest x-ray) does not establish that he suffered wounds or injuries as a result of hostile action.

2.  The statements from his fellow soldiers show that his injuries were apparently superficial and did not require treatment by a medical officer, thus the reason apparently for their not being recorded in his records.  In the absence of corroborating evidence showing that his injuries were a direct result of enemy action there are no grounds for this Board to award 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

__tdh ___  ___aao __  ___gjw__  DENY APPLICATION

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

INDEX

CASE ID	AR2000035351	
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.