MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  22 February 2001
	DOCKET NUMBER:  AR2000046809

	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. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Stanley Kelley		Member	
	Mr. Ted S. Kanamine		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:  Applicant defers to counsel.

COUNSEL CONTENDS:  That while the applicant was helping to disassemble a crew served weapon, (a 50 caliber anti-aircraft gun) their position was engaged by enemy fire.  A fellow crewman spilled hot oil on the applicant’s right hand and also caused injury to his left leg when he fell from the weapon.  A skin graft was performed later to repair the injured finger on his right hand.  Counsel submits copies of medical records, artillery unit situation reports, and two letters of character reference in support of the application.

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

He enlisted and entered active duty on 13 June 1967.  After completion of training as a cook he was assigned to Vietnam as a cook.  He voluntarily extended his service in Vietnam and was further assigned as a cook in an artillery battalion.  He was promoted to pay grade E-5 effective 16 March 1969.

Effective 15 January 1970 the applicant was separated from active duty and transferred to the USAR.  His DD Form 214 (Report of Transfer or Discharge) shows his branch affiliation as quartermaster and his military skill is shown as a cook.  The Purple Heart is not listed as an authorized award.

The military medical records submitted by counsel show that the applicant was admitted to a hospital on 11 November 1968 for treatment of an infection on his middle right finger.  The records also state that the original injury occurred 3 weeks prior when he was burned by hot oil.  The type of case is marked as disease, not battle casualty.  It shows that a skin graft was performed and he was released from the hospital on 11 December 1968.  None of the available medical records indicate that the burn was the result of an injury caused by enemy action.

The artillery situation reports provide by counsel show that the applicant’s unit was routinely engaged in providing artillery fire support throughout their area of operation.  It also shows that the battery the applicant was assigned to was equipped with 8 inch and 175MM artillery guns.  There is no mention of 50 caliber anti-aircraft guns in the battery.  Although there are several references to enemy casualties attributed to artillery fire in the reports, there is no mention of the unit being engaged by enemy fire.

One of the character reference letters provided is from a fellow former soldier who states that he was assigned in Vietnam with the applicant during multiple tours.  He states that he knows that the applicant suffered wounds during his tour.  The other letter is from a worker at a veteran’s center who has known the applicant for 6 years and states that he is a man of conscience and honesty.

Army Regulation 600-8-22 provides, that the Purple Heart is awarded to an individual who is wounded in action against an enemy of the United States, the armed force of a foreign country which is or has been engaged, while serving with a friendly foreign forces against an opposing force even though the U.S. is not engaged, as the result of any act of such enemy or opposing force or as a result an act of any hostile force.  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.  Neither the available record nor that provided by the applicant supports his contention that he was wounded as a result of enemy action and entitled to the Purple Heart.

2.  The record of his surgery to repair burns on his finger almost 1 month after the incident in question is an insufficient basis for a conclusion that the burn was the result of enemy action.

3.  There is no evidence of record, and none submitted by the applicant or counsel, to show that he was ever assigned as a member of a crew served weapon.  All of the entries in his records show his military skill and assignments as a cook.

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

___ro___  ___sk___  ___tk___  DENY APPLICATION

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

INDEX

CASE ID	AR2000046809	
SUFFIX		
RECON		
DATE BOARDED	20010222	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.