MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:           26 July 2001                   
	DOCKET NUMBER:   AR2001054439

	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:  He was treated for a shrapnel wound to his left arm in 1970 while serving in Vietnam.

In support of his application he submits a statement from a veteran who states that he was wounded on the same day as the applicant and treated by the same medic.

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

He was inducted on active duty on 16 June 1969, was awarded the military occupational specialty of light weapons infantryman, and was promoted to pay grade E-4.  He served in Vietnam from 15 December 1969 through 12 November 1970.  He was honorably released from active duty on 15 June 1971.  His awards include the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal with device 1960, the Combat Infantryman Badge, the Army Commendation Medal with “V” device, the Air Medal, the Bronze Star Medal for Meritorious Achievement, and the Marksmanship Badge with Rifle Bar.

The applicant’s DA Form 20, Enlisted Qualification Record, Item 40, Wounds, contains no entry.  Item 38 of this form, Record of Assignments, does not show that the applicant’s duty status ever changed to patient.

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.  The PH is intended for soldiers who receive serious wounds as a result of combat with the enemy.  That is why a prerequisite for this award is treatment by a medical officer.

2.  By the applicant’s own admission, he was treated in the field by a medic, which is an enlisted soldier.  There is no evidence that he required or received treatment by a medical officer.  Nor, is their any evidence in his military records that shows that he was wounded at all.

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	AR2001054439	
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.