MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           1 March 2001                
	DOCKET NUMBER:   AR2000047523

	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. John H. Kern		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Mr. Richard T. Dunbar		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 the Purple Heart be added to the list of commendations he received while in Vietnam.

APPLICANT STATES:  That his separation document (DD Form 214) does not list the Purple Heart he was presented while in the hospital in Vietnam.

In support of his request, he submits a copy of his DD Form 214, a copy of the Report of Medical Examination completed on 14 July 1969 in anticipation of his separation which shows that he suffered a foot injury in Vietnam on 14 June 1968, and an extract from his Health Record showing that he was treated for fractures to the toes of the right foot on 14 June 1968.

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

He was inducted on 4 August 1967 and served as a cannoneer with the            1st Cavalry Division in Vietnam from December 1967 to December 1968.  He was honorably separated to the US Army Reserve on 1 August 1969 in the grade of specialist four.

His awards include the Vietnam Service Medal with 4 Bronze Service Stars, the Vietnam Campaign Medal with device (1960), the National Defense Service Medal, the Army Commendation Medal, the Sharpshooter Badge with Artillery Bar and the Marksman Badge with Rifle Bar.  1st Armored Division General Orders 71, dated 3 July 1969 shows that he was awarded the Good Conduct Medal for the period 4 August 1967 to 3 August 1969, but this award is not reflected on his DD Form 214.

Item 40 (wounds) of his Separation Qualification Record contains no entry showing that he was wounded in action during his service in Vietnam.

The extract of the Health Record provided by the applicant shows that on 14 June 1968 he was treated at the 18th Surgical Hospital in Vietnam for open fractures to the right 4th and 5th toes.  The entry is annotated that the wounds were 1 month old.  The record does not describe the circumstance under which the injuries were sustained.

On 14 July 1969 the applicant underwent a separation physical examination in which the examining physician notes in his summary of the examination – “Foot broken.  Injured by falling projectile in Vietnam – June 14, 1968”.

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.

Army Regulation 600-200, Preparation and Maintenance of the Enlisted Qualification Record, the regulation then in effect, states in pertinent part, that for item 40 (wounds), enter a brief description of wounds or injuries requiring medical treatment, received through hostile or enemy action.  Enter the date wounded or injured.

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 copies of the records provided by the applicant fail to establish that the injuries to his toes were a result of hostile action, a necessary prerequisite for award of the Purple Heart.

2.  The extract from his Health Record makes no mention of the circumstances of his injury, and the Board is of the opinion that the examining physician’s statement on his separation medical examination reflect particulars of his injury that were provided by the applicant himself rather than any verifiable information that the injury was a result of hostile action.

3.  Furthermore, since his Enlisted Qualification Record makes no mention of him being wounded either, it is assumed that his injury was accidental.  However, accidental injuries received in a combat zone, not directly related to an act of the enemy are not considered wounds received in action and do not entitle the individual to the Purple Heart

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.

NOTE:  Inasmuch as the applicant’s DD Form 214 does not show that he was 

awarded the Good Conduct Medal, the Army Review Boards Agency Support Division, St. Louis is requested to issue a correction to his DD Form 214 showing that award.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__jhk  ___  ___clg __  ___rtd         DENY APPLICATION

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

INDEX

CASE ID	AR2000047523	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010301	
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.