MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            19 September 2000                  
	DOCKET NUMBER:    AR2000036822

	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. Hubert O. Fry, Jr.		Chairperson	
	Mr. John P. Infante		Member	
	Ms. Regan k. Smith		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 should receive the Purple Heart for an injury he incurred in Vietnam on 9 February 1966 when a tree limb broke due to enemy fire and fell on him injuring his elbow.

In support of his request, he has furnished a copy of a Department of Veterans Affairs (DVA) letter awarding him compensation for a service connected fracture to his right elbow, a copy of an Individual Sick Slip, dated 9 February 1966, indicating that he injured his elbow in the line of duty, a Clinical Record Cover Sheet showing a diagnosis of fracture, right radial head on 9 February 1966 and further showing the cause of the injury as a tree limb falling on the patient near Lai Kie, Vietnam, and a Clinical Record – Narrative Summary, indicating that he had a history of fracture of the right elbow as a child and was being treated on   12 February 1966 following injury to the same joint when he was struck on the lateral aspect by a falling tree limb at La-Khe.

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

He was inducted on 9 March 1964, served over 5 months in Vietnam as a Combat Engineer and was honorably separated to the US Army Reserve on       7 March 1966 in pay grade E-4.  His awards include the Vietnam Service Medal, the Vietnam Campaign Medal with 1960 Device, the National Defense Service Medal, the Good Conduct Medal and the Expert Badge with Rifle Bar.

The medical records provided by the applicant confirm that his right elbow was injured while he was assigned for duty in Vietnam. 

His separation document (DD Form 214) does not show the Purple Heart as an authorized decoration, and item 40 (wounds) of his Enlisted Qualification Record contains no entry showing that he was wounded in action.

The rating decision by the DVA contains no information indicating that the applicant’s injury was a result of combat injury.

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.  Based on the documents available, there is no evidence to support the applicant’s contention that he was wounded as a result of hostile action.  Neither the medical records he has provided nor the findings by the DVA indicate that enemy action was a direct cause of his injury.  Absent such a finding, there is no basis for this Board to award 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 this 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

___hof __  __jpi ____  __rks ___  DENY APPLICATION

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

INDEX

CASE ID	AR2000036822	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000919	
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.