MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           1 March 2001
	DOCKET NUMBER:   AR2000049901

	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. Walter Avery, Jr.		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 he be awarded the Purple Heart.

APPLICANT STATES: That his head was injured while exiting a helicopter that was shot down on 14 April 1970.  He believes he should receive the Purple Heart for his wound.

In support of his request he submits a copy of an extract from his health record showing that he was treated for a laceration about the right temple.

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

He entered the Regular Army on 17 April 1969, was trained as a UH-1 Helicopter Repairman, served in Vietnam from 12 October 1969 to 11 October 1970, and was honorably discharged on 25 February 1971.  He reenlisted on 26 February 1971, and served in Vietnam from 23 July 1971 to 19 August 1972.  He was separated Under Honorable Conditions on 26 November 1975, in the grade of private first class with 903 days of lost time.

His awards include the Distinguished Flying Cross, the Air Medal with “V” Device, the Army Commendation Medal, the National Defense Service Medal, the Vietnam Service Medal with 3 Bronze Service Stars, the Vietnam Campaign Medal with 1960 Device, the Aircraft Crewman Badge, and the Sharpshooter Badge with Rifle bar.

His separation document does not show the Purple Heart as an authorized decoration, and item 40 (Wounds) of his Enlisted Qualification Record contains no entry showing that he was wounded in action.

AR 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.

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 applicant’s records contain no evidence that he was wounded in action with the enemy and is entitled to the Purple Heart.

2.  The extract of medical records submitted in support of his request shows that he was treated for a laceration to the right temple on 14 April 1970.  The entry provides no details of the circumstances of his injuries nor does it confirm that the injuries were the result of enemy action.

3.  In the absence of more convincing information showing that his injuries were a direct result of enemy action, there is insufficient justification to award 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.

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	AR2000049901	
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.