MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:           22 March 2001                  
	DOCKET NUMBER:   AR2000049797

	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:

	Ms. Shirley L. Powell		Chairperson	
	Mr. Regan k. Smith		Member	
	Mr. John P. Infante		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:  In effect, that extracts for his unit’s records will confirm his entitlement to the Purple Heart.

In support of his application he submits copies of his unit’s Daily Staff Journal or Duty Officer’s Log, DA Form 1594, showing that a recon team from the applicant’s unit received friendly fire and, as a result, members of the team were wounded in action and taken to an aid station for treatment.  The applicant also submits a U.S. Army Vietnam Casualty Report Format, USARV Form 130-R, which shows that the applicant was taken to an Evacuation Hospital on the day of the friendly fire incident and was treated for a head wound.

COUNSEL CONTENDS:  That the applicant sustained a head wound as a result of friendly fire and is entitled to a Purple Heart in accordance with the rules and regulations governing that decoration.

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

He was inducted on 10 January 1969, was awarded the military occupational specialty of infantryman, served in Vietnam from 10 December 1969 to 13 November 1970, and was promoted to staff sergeant, pay grade E-6.

He was honorably released from active duty on 14 November 1970 due to insufficient time remaining on his active duty obligation after completion of his Vietnam tour to warrant reassigning him to another unit.  The DD Form 214 he was issued shows that he was awarded the National Defense Service Medal, the Vietnam Campaign Medal, the Vietnam Service Medal, and the Combat Infantryman Badge.

Included as part of the Department of Defense Appropriations Act for fiscal year 1994 was an amendment to the rules governing award of the Purple Heart.  While the original rules established that the Purple Heart would be awarded to individual's killed or wounded as a result of hostile action the amendment enabled the Secretaries of each department to award the Purple Heart to members of the armed forces who were killed or wounded in action by weapon fire, while directly engaged in armed conflict, other than as the result of an act of an enemy of the United States.  This ruling, in effect, granted the service Secretaries the authority to award the Purple Heart to individual directly engaged in armed conflict who were killed or wounded as a result of "friendly fire."

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.  While the applicant has shown that he was taken to an evacuation hospital as a result of a friendly fire incident and was treated for a head wound, there is no evidence that he sustained the head wound as a result of friendly fire.

2.  Without evidence that his head wound was a result of a bullet, shrapnel, or other end product of a U.S. weapon, he is not entitled to a 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

__slp ___  ____rks   _  ___jpi_____  DENY APPLICATION

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

INDEX

CASE ID	2000049797	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010322	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.