MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            13 March 2001                  
	DOCKET NUMBER:   AR2000049436

	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. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Ms. June Hajjar		Chairperson	
	Mr. Donald P. Hupman, Jr.		Member	
	Mr. John T. Meixell		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:  Award of the Purple Heart.

APPLICANT STATES:  That he was wounded by a land mine on 7 March 1971 at Khe Sanh, Vietnam at 1305 hours.  In support of his application, he submitted a 15 May 1971 transmittal for award of the Bronze Star Medal to the applicant, a 31 March 1971 letter from the applicant’s battalion commander, a 29 March 1971 letter of commendation to the applicant with endorsements, a 27 March 1975 letter from the Veterans Administration showing the conditions for which he received service connection and a letter from a Member of Congress requesting review of the applicant’s case. 

COUNSEL CONTENDS:  That, as the Service Officer for the Disabled American Veterans, he supports the applicant’s request and recommends relief consistent with the evidence of record.

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

The applicant entered active duty on 15 October 1954 and served in an enlisted status until 1 July 1967.  He served as a warrant officer from 2 July 1967 through 30 November 1974 when he retired in the rank of Chief Warrant Officer Two with over 20 years of active service.

The applicant’s DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 30 November 1974 is his retirement separation document and also covers the period of his service in Vietnam.  This DD Form 214 does not show the Purple Heart as an authorized award.

There are no orders in the applicant’s service personnel records which show that he was awarded the Purple Heart.  There also is no evidence in his records that he was wounded or treated for wounds as a result of hostile action.  The applicant’s DA Form 66 (Officer Qualification Record) does not list the Purple Heart in item 21 (Awards and Decorations).

The applicant’s records contain a DA Form 2713 (Statement of Medical Examination and Duty Status), dated 29 June 1971.  This record shows that the applicant was accidentally injured on 7 March 1971 at Ham Nghi, Vietnam, while performing duty as the commanding officer of the 43rd Engineer Detachment.  The DA Form 2713 states that he walked through an area used for repair of equipment and detonated a mine injuring his foot.

The Vietnam Casualty Roster lists the applicant as wounded, but as a result of “non-hostile” causes.

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, 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.  There is no evidence the applicant was wounded or treated for wounds as a result of hostile action or that he was awarded the Purple Heart during his assignment in Vietnam.  However, Army records show that the applicant was accidentally wounded from non-hostile causes during his assignment in Vietnam. 

2.  Based on the foregoing, the applicant was not eligible for award of the Purple Heart based on the injuries he sustained on 7 March 1971 in Vietnam.

3.  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.

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

__DPH__  __JH ___  ___JTM__  DENY APPLICATION

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

INDEX

CASE ID	AR2000049436	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010313	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY	MR CHUN	
ISSUES         1.	107.0015.0000	
2.		
3.		
4.		
5.		
6.