MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            1 February 2001                  
	DOCKET NUMBER:    AR2000045333

	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. Edmund P. Mercanti		                          Analyst	

  The following members, a quorum, were present:

	Mr. Luther L. Santiful		Chairperson	
	Ms. Barbara J. Lutz		Member	
	Mr. James E. Anderholm		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:  He was injured in a jeep accident in September 1967 in Vietnam.  The accident was a direct result of sniper fire.  His injuries included cuts to his chin as well as injuries to his right eye and the right side of his head.

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

He was inducted on active duty on 5 December 1966, was awarded the military occupational specialty of general vehicle repairman, and was stationed in Vietnam, where he served for 1 year.  He was honorably released from active duty on 4 December 1968 at the expiration of his term of service in pay grade 
E-4.

In the applicant’s separation physical examination, he stated that he did not have a history of head injury, and did not mention having been injured in any way.

On 7 September 1972 the Veterans Affairs requested the applicant’s military medical records to adjudicate his claim for disability based on his contention that he was treated for “High temperature” and a “stomach condition” while assigned to Fort Huachuca, Arizona.  The applicant did not make any claim concerning injuries incurred in a jeep accident.

Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for wounds 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 and applicable law and regulations, it is concluded:

1.  There is no evidence to support the applicant’s contention that he was injured in Vietnam as a result of enemy action.

2.  Even if there were evidence that he was injured in a jeep accident, he would still have to show conclusively that the accident was a direct result of hostile action.  Accidental injuries received in a combat zone, not directly attributable to an act of the enemy are not considered wounds received in action and, therefore, do not entitle an individual to 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

__sll ____  ___bjl___  ___jea___  DENY APPLICATION

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

INDEX

CASE ID	AR2000045333	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010201	
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.