MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           24 JULY 2001                   
	DOCKET NUMBER:   AR2001056558

	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	
	Ms. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone 		Chairperson	
	Ms. Margaret V. Thompson		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:  In effect, that his records be corrected to reflect award of the Purple Heart and that his reason for discharge be changed to either medical separation or medical retirement.

APPLICANT STATES:  That he broke his ankle while in Vietnam and that it "was totally black and purple."  He also notes that two months prior to his honorable discharge he had been released from William Beaumont General Hospital in El Paso, Texas and as such believes he should have been medically retired or separated.

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

He was inducted and entered active duty on 19 February 1968.  His scheduled separation date (ETS) was established as 18 February 1970.  

Following an initial assignment at Fort Bragg, North Carolina the applicant was assigned to Vietnam as a heavy petroleum vehicle operator in June 1969.

Although the applicant's service medical records were not available to the Board, his DA Form 20 (enlisted qualification record) indicates he was transferred from Vietnam to William Beaumont General Hospital in July 1969 in a patient status.  According to the applicant's report of medical history, completed as part of his separation physical examination, a screw was put in his left ankle at William Beaumont and he was hospitalized from 23 July 1969 through 19 September 1969.  His separation physical examination notes a physical profile of "L3" for his lower extremities, but does not indicate he was medically disqualified from continued military service.

On 8 October 1969 the applicant was released from active duty "not by reason of physical disability" and transferred to the U.S. Army Reserve.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) indicates he was discharged under the provision of Army Regulation 635-200 and received a separation code (SPD) of 411.

Army Regulation 635-5-1, then in effect, states that SPD codes identify reasons for, and types of separation from active duty.  It noted that SPD Code 411 was associated with the early separation of an overseas returnee under the provisions of Army Regulation 635-200, paragraph 5-14.

Army Regulation 635-200, paragraph 5-14, then in effect, stated that commanders were authorized to release individuals from active duty who, upon their return from a short tour area, had less than 150 days remaining on their active duty commitment.

Army Regulation 40-501, paragraph 3-3b(1), as amended, provides that for an individual to be found unfit by reason of physical disability, he must be unable to perform the duties of his office, grade, rank or rating.

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, applicable law and regulations, it is concluded:

1.  While there is evidence that the applicant was transferred from Vietnam to William Beaumont General Hospital in a patient status, was hospitalized and received medical treatment, there is no evidence the injury to his ankle resulted from hostile action and as such there is no basis for an award of the Purple Heart.  The mere fact that an individual is injured in a combat theater is not, in and of itself, a basis for award of the Purple Heart.

2.  The evidence suggests that because the applicant was within 150 days of his scheduled separation date at the time of his release from the hospital he was discharged under provisions which permitted commanders to discharge such individuals.  Returning individuals to duty with only a few months remaining until their scheduled separation dates was likely seen as unproductive and costly.  The Board concludes that the early separation was appropriate under the circumstances.

3.  Although the applicant was released from the military hospital just prior to his release from active duty, there is no evidence, and the applicant has not provided any, which indicates he had any medically unfitting disability which required physical disability processing.  Therefore, there is no basis for physical disability retirement or separation.

4.  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 that requirement.

5.  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

__JNS __  __MVT __  __WDP _  DENY APPLICATION

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

INDEX

CASE ID	AR2001056558	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010724	
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.	108.00	
3.		
4.		
5.		
6.