MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           14 November 2000                   
	DOCKET NUMBER:   AR2000043102

	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	
	Mrs. Joyce A. Hall		Analyst	

  The following members, a quorum, were present:

	Ms. Shirley L. Powell		Chairperson	
	Ms. Meta Waller		Member	
	Mr. Terry L. Placek		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:  The award of the Purple Heart (PH).

APPLICANT STATES:  In effect, that when he was serving in the Republic of Vietnam (RVN) he was wounded.  He wants to know if he is eligible for the PH award.

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

On 19 March 1970, the applicant enlisted in the Regular Army for 3 years.
He completed basic combat training and advanced individual training and was awarded military occupational specialty 95B (Military Policeman).  The highest pay grade he achieved was pay grade E-3.

The applicant’s medical record shows that while stationed in the RVN he sustained a gunshot wound to the left shoulder which resulted in a fractured clavicle.  It was also noted in his medical record that his injury was accidental.  On 9 March 1971, while in Dong Ha, RVN, his buddy found a rifle and accidentally released the safety latch and shot him.

There is no evidence in the applicant’s record, which shows that his injury was caused by hostile action.

On 6 February 1972, the applicant was honorably discharged.  He completed
1 year, 10 months and 3 days of creditable active service.  He was awarded the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal and the Sharpshooter Badge (M-16).

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 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.  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 shows that the applicant was wounded and was treated for an injury, however his injury was not a result of hostile action; therefore he does not meet the criteria for the PH award and would not have been eligible to receive such award.

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

__slp___  __mw____  __tlp___  DENY APPLICATION

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

INDEX

CASE ID	AR200043102	
SUFFIX		
RECON		
DATE BOARDED	20001114	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	100.0015	
2.		
3.		
4.		
5.		
6.