MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:           2 October 2001  
	DOCKET NUMBER:   AR2001057368

	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. Rosa M. Chandler		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Ms. Karol A. Kennedy		Member	
	Mr. Richard T. Dunbar		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, correction of his records to show award of the Purple Heart.

APPLICANT STATES:  He makes no contentions; however, he submits two SF Forms 600 (Chronological Record of Medical Care), dated 10 January and 
7 February 1990, and four SF Forms 513 (Consultation Sheet), dated 21 February 1990, 4 April and13 September 1990 and 11 January 1991.

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

That prior to the period of service under review, he served honorably in the United States Army National Guard from July 1982-July 1986.  He served honorably in the Regular Army (RA) from 2 October 1986-23 March 1989.  

On 24 March 1989, he reenlisted in the RA for 5 years and for his prior military occupational specialty (MOS) 95B (Military Police).  He served in Korea from 24 April 1987-20 April 1988.  He also served in Panama from 23 October 
1989-22 October 1990.  

The applicant received imminent danger pay from 20 December 
1989-31 January 1990 while he was serving in Panama.  However, the available records do not show that he was wounded as a result of hostile action during that period.

The medical documents that the applicant submitted show that on 1 February 1990, while assigned to Panama, he was treated for an injury that he received to his right foot.  He injured himself when he stepped in a hole while running.  He was diagnosed to have a "tibial fracture".  His leg was put in a "short leg walking cast."  The cast was removed 7 February 1990. 

On 1 June 1992, he was honorably discharged.  His DD Form 214 (Certificate of Release or Discharge from Active Duty), Item 13 (Decorations Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows that he was entitled to award of the Army Achievement Medal, with 
1 Oak Leaf Cluster; the Good Conduct Medal; the National Defense Service Medal; the Armed Forces Expeditionary Medal; the Overseas Service Ribbon and the Sharpshooter Badge (Rifle M-14). 

His DD Form 214 and other records do not show entitlement to the Purple Heart as an authorized award. 

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:  (1) the wound was the result of hostile action; (2) the wound required medical treatment; and (3) the medical treatment was 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.  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 this requirement.

2.  The available medical records do not show that the applicant was wounded as a result of hostile action in Panama.  He was treated for a tibial fracture that he sustained when he stepped in a hole while running.  To be eligible for the Purple Heart in this instance, the applicant must provide evidence to show that his injury occurred while taking evasive action while under fire.

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

__MPK__  __KAK __  __RTD __  DENY APPLICATION

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

INDEX

CASE ID	AR2001057368	
SUFFIX		
RECON		
DATE BOARDED	20011002	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19920601	
DISCHARGE AUTHORITY	AR635-200	
DISCHARGE REASON	A04.00	
BOARD DECISION	(PARTIAL GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.