MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            9 November 2000
	DOCKET NUMBER:   AR2000041282

	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:

	Ms. Jennifer L. Prater		Chairperson	
	Mr. Orville W. Troesch, Jr.		Member	
	Ms. Barbara J. Ellis		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:  In effect, that while serving in Vietnam as a medic, he received a shrapnel wound to the left arm and treated himself at the time because he thought it to be a superficial scratch and it was not until shrapnel was discovered by a medical officer at the Naval Air Station in Meridian, Mississippi that he realized that he has shrapnel in his elbow.  In support of his application he submits an unnotorized statement from a Naval medical officer in Meridian, Mississippi which indicates that an examination on 20 January 1995 revealed a 5mm x 2mm Radiodense object in the soft tissues of the left elbow consistent with shrapnel. 

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

He enlisted on 19 April 1948 and remained on active duty a series of continuous reenlistments.  He was promoted to the pay grade of E-6 on 23 October 1963.

He served in Vietnam as a medical specialist in an artillery battery from 25 March 1967 until 13 March 1968.  While in Vietnam he submitted an application for voluntary retirement (DA Form 2339) on 1 November 1967, requesting retirement for length of service to be effective 31 May 1968.   

The applicant was transferred to Fort Sheridan, Illinois on 13 March 1968 pending the outcome of his retirement application.  His application was approved and he was honorably released from active duty (REFRAD) on 31 May 1968 and was transferred to the United States Army Reserve (USAR) Control Group (Retired) in the pay grade of E-6, effective 1 June 1968.  He had served 20 years and 17 days of total active service.

The applicant’s medical records and separation physical are not present in the available records for review by the Board.  However, a review of the available records fails to show any indication of the injury in question. 

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.  The Board also notes that the applicant was serving as a medic in Vietnam and should have been aware of and familiar with the requirements to document wounds/ injuries received in combat in order to substantiate entitlements to awards of the Purple Heart as well as substantiating claims for disability in the future.  

4.  Not only is there no apparent documentation of the fact that he was wounded, the statement submitted by the applicant from a Naval physician does not establish conclusively that there is shrapnel in his elbow or that he was wounded in combat against the enemy.

5.  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

___jlp ___  __owt ___  __bje ___  DENY APPLICATION

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

INDEX

CASE ID	AR2000041282	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2000/11/09	
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.