MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  3 April 2001
	DOCKET NUMBER:  AR2001051536

	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. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Mr. Walter T. Morrison		Chairperson	
	Mr. John T. Meixell		Member	
	Mr. Thomas Baxter		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 he was wounded by shrapnel in the right wrist during an airmobile operation.  He submits a copy of his record of treatment in support of his request.

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

He enlisted and entered active duty on 17 January 1968.  He completed training as a turbine engine helicopter mechanic and was assigned to Vietnam.  He was promoted to the pay grade of E-4 effective 19 June 1968.  Effective 16 October 1970 he was separated from active duty and transferred to the USAR.  Neither his DD Form 214 (Report of Transfer or Discharge), which he authenticated with his signature, nor his DA Form 20 (qualification record) show the Purple Heart as an authorized award.  Block 40 (wounds) of his DA Form 20 is blank.  He was awarded the Air Medal for meritorious achievement while participating in aerial flight for the month of August 1968.  There are no subsequent awards of the Air Medal in the available record.

A 4 September 1968 record of medical treatment states that the applicant was treated for removal of a small fragment in his right wrist.  There is no mention that the fragment was a result of action with the enemy.  The applicant’s separation medical examination on 3 September 1970 does not contain any report by him or the doctor of medical treatment or evidence of residuals of a wound as a result of enemy action.  Blocks 33 and 34 of his own report of medical history deny any illness or injury other than those he had listed.

Army Regulation 600-8-22 provides that the Purple Heart is awarded to an individual who is wounded in action against an enemy of the United States.  The wound must have required medical treatment, and the medical treatment must have been made a matter of 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.  Notwithstanding that the applicant was treated for a small fragment in his right wrist, there is no credible evidence in the available record, or submitted by the applicant, that the fragment was the result of action with the enemy.

2.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

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

__wm___  ___jm___  __tb___  DENY APPLICATION

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

INDEX

CASE ID	AR2001051536	
SUFFIX		
RECON		
DATE BOARDED	20010403	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.