MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:           6 March 2001                 
	DOCKET NUMBER:   AR2000049904

	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:

	Mr. Stanley Kelley		Chairperson	
	Mr. Ernest W. Lutz, Jr.		Member	
	Mr. Harry B. Oberg		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:  His medical records will prove that he is entitled to the Purple Heart.

In support of his application he submits medical records which show that he suffered a laceration over his right eye, as a result of being “hit on head by 105 canister”, on 28 April 1967.

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

He enlisted in the Regular Army on 3 February 1966, was awarded the military occupational specialty of light and medium field artillery, and was promoted to pay grade E-4.

The applicant served two tours in Vietnam, from 4 August 1966 to 5 September 1968.  He was honorably released from active duty on 13 September 1968.  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 Presidential Unit Citation.

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.  The applicant has verified that he received medical treatment as a result of a 105 millimeter artillery casing hitting his face.

2.  However, being hit by a casing would not appear to be a result of hostile action, the criteria for award for a Purple Heart at the time of the injury, and was not weapons fire, the criteria for award for a Purple Heart for friendly fire wounds.  As such, he is not entitled to the 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

___sk ___  ____ewl _  ____hbo_  DENY APPLICATION

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

INDEX

CASE ID	AR	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010306	
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.		
2.		
3.		
4.		
5.		
6.