MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:           26 July 2001                   
	DOCKET NUMBER:   AR2001053331

	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. Raymond V. O'Connor		Chairperson	
	Mr. Hubert O. Fry		Member	
	Mr. Eric N. Andersen		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 (PH).

APPLICANT STATES:  While serving in Vietnam, he received a shrapnel wound from a grenade while he was a squad leader in the 101st Airborne Division. 

In support of his application he submits a copy of a check he states is his disability pension for his shrapnel wound.

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

He enlisted in the Regular Army on 21 July 1966, was awarded the military occupational specialty of light weapons infantryman, and was promoted to pay grade E-5.

He served in Vietnam from 1 December 1967 to 2 December 1968 and was honorably released from active duty on 30 July 1969 at the expiration of his term of service.  In conjunction with his release from active duty he had a separation physical examination.  In that examination it was noted that the applicant had a fragment wound to his right shoulder which he sustained on 17 April 1968.

The applicant’s DA Form 20, Enlisted Qualification Record, Item 40, Wounds, has no entries.  Item 38, Record of Assignments, does not show his duty status ever changing to patient.

The applicant’s awards and decorations include the National Defense Service Medal, the Parachute Badge, the Vietnam Service Medal, the Combat Infantryman Badge, the Vietnam Campaign Medal with 1960 Device, and the Army Commendation Medal.

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 of record to show that the applicant sustained a fragment wound except for the entry on his separation physical examination.  To the contrary, his DA Form 20 indicates that the applicant was never wounded.

2.  While the Board accepts the entry that the applicant received a fragment wound on his physical examination, that does not establish his entitlement to the PH because there is no evidence that it was sustained in combat or that it required treatment by a medical officer.

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

__rvo____  ___hof __  ___ena__  DENY APPLICATION

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

INDEX

CASE ID	AR2001053331	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010726	
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.