MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            17 October 20000 
	DOCKET NUMBER:   AR2000038987

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Ms. Linda D. Simmons		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 (PH).

APPLICANT STATES:  That he lost his left knee during a military exercise in which a repelling rope broke and caused him to fall and ultimately destroyed his left knee.  He goes on to state that he has had three total knee replacements and has been told by doctors at the Veterans Administration that he may have to have his left leg amputated.

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

He enlisted in St. Louis, Missouri with parental consent on 6 January 1975 for a period of 3 years, training as a helicopter mechanic, and assignment to the 101st Airborne (Airmobile) Division at Fort Campbell, Kentucky.

At the time of his enlistment he underwent a medical examination and indicated that he had had cartilage removed from his left knee in April 1974 and that he was not experiencing any problems.  He also provided documents from civilian medical personnel which indicated that the applicant had injured his left knee in 1973 while playing football and that he had a history of his knee locking.  He underwent exploratory surgery on 24 September 1973 and corrective surgery on 20 March 1974.  It appears that the applicant was initially disqualified for enlistment on 8 October 1974 and that after producing the documents from his civilian physicians, he was cleared for enlistment on 6 January 1975.

He successfully completed his training and was transferred to Fort Campbell on 1 June 1975, where he remained until 28 September 1975 when he was transferred to Fort Hood, Texas.  He was advanced to the pay grade of E-4 on 1 April 1976.

On 10 January 1977 he was issued a physical profile due to an unstable left knee.  The profile indicated that he was pending board action for medical separation.

The applicant was referred to a Medical Evaluation Board (MEB) on 18 January 1977 which determined that the applicant was unfit for further military service due to a condition that existed prior to entering military service (EPTS) and recommended that he be referred to a Physical Evaluation Board (PEB).  The applicant concurred with the findings of the MEB and indicated that he did not desire to continue on active duty.

The applicant was referred to a PEB on 1 February 1977 and that board also determined that he was unfit for further military service due to a condition that EPTS, that the condition was non-service aggravated, and that he was not entitled to severance pay or military benefits therefrom.  The applicant concurred with the findings and waived his right to a formal hearing of his case.
Accordingly, he was honorably discharged on 15 March 1977 under the provisions of Army Regulation 635-40, paragraph 4-19e(4) due to physical disability without severance pay.  He had served 2 years, 2 months, and 10 days of total active service.

Army Regulation 600-8-22 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 a result of hostile action, that the wound must have required treatment by a medical officer, and that the medical treatment was 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.  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.

2.  The evidence of record fails to show that the applicant was wounded/injured as a result of enemy action; therefore, there is no basis for the Board to award him 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

____lds__  __be ___  ___rvo __  DENY APPLICATION

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

INDEX

CASE ID	AR2000038987	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2000/10/17	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  61	107.0015/PH	
2.		
3.		
4.		
5.		
6.