MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           11 January 2001                  
	DOCKET NUMBER:   AR2000044160

	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. Ernest M. Willcher		Chairperson	
	Mr. Donald P. Hupman		Member	
	Ms. Ann M. Campbell		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 was injured in the course of duty in Vietnam and did not receive the Purple Heart for his wounds.

In support of his request he submits a copy of his separation document           (DD Form 214), an extract from his health record showing that he was treated for knee and wrist abrasions in April 1967, and a copy of a 1968 orthopedic consultation for his knee injury.

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

He enlisted on 4 November 1965, received training as an infantry indirect fire crewman and served in Vietnam with the 196th Light Infantry Brigade from July 1966 to June 1967.  He was honorably discharged on 17 December 1968 in the grade of private.

His awards include the Vietnam Service Medal, the Vietnam Campaign Medal with 1960 device, the National Defense Service Medal and the Combat Infantryman Badge.

The applicant’s DD Form 214 does not show that he was awarded the Purple Heart; nor, does his Enlisted Qualification Record (DA Form 20) reflect that he suffered any wounds in action or that he was awarded a Purple Heart.  

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.  The applicant’s records contain no evidence that he was wounded in action with the enemy and is entitled to the Purple Heart.

2.  The extract of medical records submitted in support of his request shows that he was treated for an abrasion to the right knee and right wrist sustained in action near Tay Ninh, Vietnam on 1 April 1967.  The entry provides no details of the circumstance of his injuries nor does it confirm that the injuries were the result of enemy action.

3.  Insofar as the description of his injury for the orthopedic consultation is concerned, the applicant himself probably related the circumstances of his injury. He says it was a result of an explosion but there is no evidence elsewhere in the record to substantiate that the injury resulted from enemy action.

4.  In the absence of more convincing information showing that his injuries were a direct result of enemy action, there is insufficient justification to award the Purple Heart.

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

____emw  ____dph _  ____amc   DENY APPLICATION

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

INDEX

CASE ID	AR2000044160	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010111	
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.