MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:           30 October 2001                   
	DOCKET NUMBER:   AR2001057636

	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:

	Ms. Celia L. Adolphi		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. Harry B. Oberg		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 his record be corrected to show that he was wounded in Vietnam, and in effect, that he be awarded the Purple Heart.

APPLICANT STATES:  That the record does not show that he was wounded or that he received any medals for his wound.  He says that he is now disabled but that he served his country proudly and believes that he deserves a medal.

In support of his request, he submits a statement from a fellow soldier who was with him at the time, who says that the applicant was wounded in the neck by shrapnel during grenade training in Vietnam.

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

He was inducted on 22 June 1966, was trained as a field artilleryman, and served as a cannoneer with the 25th Infantry Division in Vietnam from December 1966 to December 1967.  He was promoted to specialist, and was released from active duty to the US Army Reserve on 21 June 1968.

His awards include the National Defense Service Medal, the Vietnam Service Medal with Bronze Service Star, and the Vietnam Campaign Medal.

The statement in support of his application says that the writer was with the applicant in Cu Chi, Vietnam, on or about 10 December 1966, during hand grenade training.  They were told to throw the grenades and watch them go off in the jungle.  A piece of shrapnel hit the applicant in the throat and he was sent to the hospital.

The applicant’s medical record does not show any evidence of medical treatment for a shrapnel wound.  His separation physical examination, completed on 17 May 1968, contain no reference to his having suffered a shrapnel wound during his service. 

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 applicant has provided no evidence and the record contains no evidence showing that he was wounded as a result of enemy action and is entitled to the Purple Heart.
2.  The statement submitted in support of his request for the Purple Heart shows that his injury was incurred during hand grenade training and as such does not meet the criterion for award of the Purple Heart.  

3.  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.

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

___cla___  ___hbo__  ____aao_  DENY APPLICATION

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

INDEX

CASE ID	AR2001057636	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20011030	
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.