MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:           31 July 2001                   
	DOCKET NUMBER:   AR2001053934

	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:

	Mr. Walter T. Morrison 		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. John T. Meixell		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 knifed on the right side of the back in Vietnam and given 10% disability compensation award by the Department of Veterans Affairs (DVA).  He says that he should have received a Purple Heart for his wound but never has.

In support of his request, he submits a copy of his DD Form 214, Report of Transfer or Discharge and a copy of the DVA award letter dated 12 October 1971.

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

He was called to active duty from the Army National Guard (ARNG) on 13 May 1968 in his military occupational specialty of 94B, cook.  He served in Vietnam from 26 March to 24 November 1969 and was released back to the ARNG on 12 December 1969 in pay grade E-5.

His awards include the National Defense Service Medal, the Bronze Star Medal, the Vietnam Service Medal, the Vietnam Campaign Medal with 1960 device and the Marksman Badge with M-1 and M-16 rifle bars.

The applicant’s award of disability compensation from the DVA indicates that the award was made for service connected condition of residual of scar, right side of back – 10%.

The applicant’s military medical records contain no information showing that he was wounded in action.  His separation physical examination completed on 2 December 1969 states that he has a 12” scar behind the right shoulder.  The record contains no explanation of the circumstances of the scar.

The applicant’s DA Form 20, Enlisted Qualification Record, contains no entry in item 40 (wounds); nor, does it show the Purple Heart as an authorized award in item 41 (awards and decorations).  Item 38 (record of assignments) does not show that he was admitted as a patient during his Vietnam assignment.

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 evidence of record does not show and the applicant has not provided any evidence to show that he was wounded in action and is entitled to the Purple Heart.

2.  The DVA award of compensation does not establish that his injury was a result of hostile action.  In the absence of such a finding, there are no grounds for this Board to award the Purple Heart.  It should be noted that accidental injuries, even though they may occur in a combat zone, that are not directly attributable to an act of the enemy are not considered wounds received in action and do not entitle the individual to the Purple Heart.

3.  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 satisfies this requirement.

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

___wtm__  ___aao __  ____jtm_  DENY APPLICATION

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

INDEX

CASE ID	AR2001053934	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010731	
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.