MEMORANDUM OF CONSIDERATION

IN THE CASE OF: -

	BOARD DATE:            4 May 2000        
	DOCKET NUMBER:   AR2000035719

	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.

	Ms. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Mr. Luther L. Santiful		Chairperson	
	Mr. James P. Stueve		Member	
	Ms. Carol Jo Suiter		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:  He sustained a shrapnel wound "as a direct result of a enemy rocket attack" on 1 February 1968 while serving with the 11th Armored Cavalry Regiment.  He notes the wound was minor and he "was treated and released" by a doctor who indicated "the treatment as wounded in action (WIA) when he administered a Tetanus shot and signed [his] DOD Immunization Certificate."  He submits a copy of his immunization record in support of his request.

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

He entered active duty on 24 November 1965 and successfully completed basic and advanced individual training as a personnel management specialist prior to being assigned to Fort McPherson, Georgia in June 1966.  In August 1967 he was reassigned to Vietnam where he performed duties as a personnel management specialist with the 11th Armored Cavalry Regiment and the 507th Transportation Group.

Prior to departing Vietnam, in August 1968, he was awarded an Army Commendation Medal and an Army Good Conduct Medal.  Orders awarding both decorations are contained in his official military personnel file.

On 6 August 1968 the applicant was released from active duty.  Neither his DD Form 214 nor his DA Form 20 (enlisted qualification record) reflect entitlement to the Purple Heart and item 40 (wounds) on his DA Form 20 is blank.  The applicant authenticated his DA Form 20 in June 1968 and his separation report on the day he was released from active duty.

His separation physical examination, conducted on 6 August 1968, makes no reference to any wounds treated or received as a result of hostile action.

The copy of the immunization record, provided by the applicant in support of his request, does not contain the applicant's name but is consistent with an original immunization record contained in his records.  The original copy in the applicant's file, however, does not record any immunizations beyond January 1968.  The copy provided by the applicant indicates that he received a tetanus shot on 
1 February 1968, the entry is entirely handwritten.

Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for wounds 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 records of the applicant indicate that he was trained and worked as a personnel management specialist throughout the duration of his military service.  Clearly he would have been familiar with the requirements for award of the Purple Heart, including the requirement that awards be confirmed in orders as well as the entries which would have been made on his DA Form 20.  The absence of any medical evidence, with the exception of a hand written entry on his immunization record, that he was wounded as a result of hostile action which required treatment by a medical doctor, supports a conclusion that he is not entitled to an award of the Purple Heart.  A wound so slight that he merely required a tetanus shot does not meet the intent or spirit of the requirements for award of the Purple Heart.

2.  Additionally, the Board notes that the (WIA) entry on the applicant's immunization record, which he provided, is not supported by any other evidence in available records and as such the Board is reluctant to grant entitlement to a Purple Heart based solely on an unverified entry which is not confirmed in any other official documents.

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

___lls_  __jps_  __cjs___  DENY APPLICATION

						Karl F. Schneider
						Director, Army Review Boards Agency

INDEX

CASE ID	AR2000035719	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000504	
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.