MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           24 August 2000    
	DOCKET NUMBER:   AR2000039883

	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	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Mr. Allen L. Raub		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:  That he sustained serious injuries to his right leg in Vietnam.  He contends that he was initially treated at the evacuation hospital in Vietnam, then evacuated to Camp Zama, Japan, and that his skin was grafted during his hospitalization at Fort Sam Houston, Texas. 

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

The applicant was inducted on 7 April 1970.  He served as a light weapons infantryman in Vietnam from 19 September 1970 until he was injured on 3 June 1971.  On 25 May 1972 the applicant was honorably discharged and placed on the permanent disability retired list.  

The applicant’s DD Form 214 (Report of Transfer or Discharge), which was authenticated in his own hand, does not show the Purple Heart as an authorized award.

There are no orders in the applicant’s service personnel records which show that he was awarded the Purple Heart.  There also is no evidence in his records that he was wounded or treated for wounds as a result of hostile action.  His DA Form 20 (Enlisted Qualification Record) does not show any entry in item 40 (Wounds) or list the Purple Heart in item 41 (Awards and Decorations).

Item 30 (Details of Accident) on the applicant’s Statement of Medical Examination and Duty Status, dated 13 June 1971, shows the entry “On 3 June 1971 at approximately 1715 hours on the road to Fire Support Base Rifle [applicant] was injured, when the truck in which he was a passenger overturned 350 meters from the Fire Base.  He was returning from a security detail northeast of the Fire Base.  [Applicant] sustained a fractured right leg.  Grid coordinate from the place of this accident was YC865988.”  There is no evidence that this injury was the result of hostile action.

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, 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.  Medical evidence of record shows the applicant was injured when a truck rolled over him, not as a result of hostile action.
2.  There is no evidence available to the Board, and the applicant has provided no evidence, which shows he was wounded or treated for wounds due to hostile action in Vietnam.  Therefore, the applicant is not entitled to award of the Purple Heart.

3.  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.

4.  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

GDP___  CLG_____  ALR_____  DENY APPLICATION

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

INDEX

CASE ID	AR2000039883	
SUFFIX		
RECON		
DATE BOARDED	20000824	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19720525	
DISCHARGE AUTHORITY	Title 10 USC Section 1201	
DISCHARGE REASON	Placed on Permanent Disability Retired List	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.