MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           22 March 2001                  
	DOCKET NUMBER:  AR2000049913

	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:

	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:  That on 4 September 1966, he was injured while jumping from a helicopter during a combat assault under fire, on an operation in the HOBO woods area of Vietnam.  His right knee was injured so badly that he still has severe pain in it.  He says that he was medically evacuated out of the landing zone.

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

He served two tours of duty in Vietnam, from April 1966 to March 1967 as a platoon leader in the 25th Infantry Division and from November 1969 to November 1970 as a maintenance officer in the 1st Signal Brigade.  He retired with over 20 years of active federal service in the grade of major on 31 January 1982.

His awards include the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal with device (1960), the Combat Infantryman Badge, the Meritorious Unit Commendation with 1st Oak Leaf Cluster, the Vietnam Civil Actions Medal, the Good Conduct Medal, the Army Commendation Medal with 1st Oak Leaf Cluster, the Bronze Star Medal with 3rd Oak Leaf Cluster, the Meritorious Service Medal with 2nd Oak Leaf Cluster, the Armed Forces Reserve Medal, the Army Service Ribbon and the Overseas Service Ribbon with 1st Oak Leaf Cluster.

In a Report of Medical History dated on 13 January 1982, completed in preparation for his retirement, the applicant refers to a “problem with right leg injury in Vietnam” and alludes to hospitalization and an operation on his right knee and being evacuated while in Vietnam.  The examining physician makes no mention of the leg injury in the physician’s summary section of the report and rated the applicant with all 1’s in the physical profile section of the report.

The applicant’s Military Records Jacket (DA Form 201) contains no information regarding his leg/knee injury; nor, does it contain any evidence of injuries sustained as a result of combat operations.  Neither do the available medical records contain any information regarding treatment for a knee injury.

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.

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 has provided no evidence and the available records contain no evidence showing that he was wounded/injured as a result of enemy action.

2.  Even if the applicant injured his knee as he says he did (jumping from a helicopter) there would have to be evidence in the record to show that the injury was a direct result of combat with the enemy in order to qualify for award of the Purple Heart.  Accidental injuries received in a combat zone, not directly attributable to an act of the enemy are not considered wounds received in action and do not entitle an individual to the Purple Heart.

3.  Since none of the available records show that he sustained an injury as a direct result of hostile action there are no grounds for this Board to considering awarding 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

___slp___  ___rks __  ____jpi __  DENY APPLICATION

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

INDEX

CASE ID	AR2000049913	
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	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.  107.00		
2.		
3.		
4.		
5.		
6.