MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            8 March 2001                  
	DOCKET NUMBER:   AR2001051794

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Roger W. Able		Chairperson	
	Ms. Barbara J. Lutz		Member	
	Mr. William D. Powers		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 injured in basic training and hospitalized.  He was sent to advanced individual training and on temporary duty to Fort Benning, GA and told there was no problem.  Then he was sent to Vietnam.  While he was on a search and destroy mission, he was “dusted off” and then operated on.  He provides no supporting evidence.

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

He was inducted into the Army on 12 June 1968.  

The applicant’s complete service medical records are not available.  A Consultation Sheet, SF 513, from Urology dated October 1968 shows that he suffered a contusion to his left testicle in June 1968.  He was given a provisional diagnosis of varacosity of the left testicle.

The applicant completed basic combat training and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).  He served in Vietnam from 6 April 1969 – 26 March 1970.  He was honorably released from active duty on 27 March 1970.

The applicant completed a physical examination on 15 March 1972 for the purpose of enlisting in the National Guard.  His Report of Medical History, SF 93, shows that he was treated for a varicocele testicle while in Vietnam in 1969 and that he was receiving 10 percent disability compensation for that disability from the VA.

Army Regulation 600-8-22 provides policy and criteria concerning individual military decorations.  In pertinent part, it states that the Purple Heart is awarded to any member of an Armed Force who has been wounded or killed in any action against an enemy of the United States.  The wound must have required treatment by a medical officer and records of medical treatment for wounds or injuries received in action 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 evidence of record confirms the applicant’s contention that he was injured in basic training and treated for that injury while in Vietnam.  However, he did not receive that injury as a result of action against an enemy of the United States.  Therefore, he does not meet the eligibility requirement for award of the Purple Heart.

2.  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

__rwa___  __bjl___  __wdp___  DENY APPLICATION

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

INDEX

CASE ID	AR2001051794	
SUFFIX		
RECON		
DATE BOARDED	20010308	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.