MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           5 April 2001                  
	DOCKET NUMBER:   AR2001051428

	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. June Hajjar		Chairperson	
	Mr. Harry B. Oberg		Member	
	Ms. Celia L. Adolphi		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:  While in Vietnam he was on a track which was being hit by enemy fire.  He jumped off the track to avoid the enemy fire, which resulted in his left knee being broken.

In support of his application he submits a DA Form 8-274, Medical Condition – Physical Profile Record, dated 3 January 1969, in which it is shown he was given physical profile restrictions due to an old break of his left kneecap.

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

He was inducted on 25 September 1967, was awarded the military occupational specialty of automotive repair parts specialist, and was promoted to pay grade 
E-4.  He served in Vietnam from 24 June 1968 through 23 June 1969.  He was honorably released from active duty on 19 June 1969 due to his having insufficient time to be reassigned after his return from Vietnam.

Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for wounds 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 and applicable law and regulations, it is concluded:

1.  There is no evidence to support the applicant’s contention that he broke his kneecap while jumping off a track which was under enemy fire.

2.  In the absence of evidence showing that his injury was a direct result of action with the enemy, he does not qualify for the Purple Heart and there are no grounds for the Board to award it.

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

__jh  ____  ___hbo__  ___cla___  DENY APPLICATION

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

INDEX

CASE ID	AR2001051428	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010405	
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.