MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            02 OCTOBER 2001                   
	DOCKET NUMBER:   AR2001058640

	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:

	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:  That his records be corrected to reflect award of the Purple Heart.

APPLICANT STATES:  “There was no request initiated for the Purple Heart,” and that he lost his records.  He notes he was furnished documentation for the award by the VA.

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

He entered active duty on 9 November 1960.  

In December 1971 the applicant was assigned to Vietnam as an infantryman and performed duties as a platoon sergeant with the 101st Airborne Division.  He was awarded a Bronze Star Medal with “V” device for his heroic actions on 
15 February 1971.  He was also awarded a Combat Infantryman Badge.

According to his service medical records, on 4 May 1971 he sustained a “stab wd [wound] to [his] foot.”  Over the course of the next month, he received, nearly daily, treatments for the wound at the battalion aid station and ultimately, on 
17 June 1971, was medically evacuated to the United States.

A clinical record, which summarizes the applicant’s medical history, notes the applicant “sustained injury to the plantaris surface of the right foot on 4 May 71, when he stepped on a knife while on a mission in RVN.”  However, a 1 July 1971 hospital admission document notes the applicant was “wounded in action” on 4 May 1971.  A 1 July 1971 pay authorization statement, authenticated by the medical activity commander, notes that “Official Military Personnel Record on file at this headquarters…indicate that he was wounded in action due to a hostile action in the Republic of Vietnam on 4 May 1971.”  Item 40 (wounds) on the applicant’s DA Form 20 (enlisted qualification record) contains a typed entry “stab wound right foot – 4 May 71.”  The applicant last authenticated the DA Form 20 in 1974.  The DA Form 20 was subsequently replaced by the DA Form 2-1 (personnel qualification record), which does not contain an entry block for wounds.  Finally, a November 1971 document, returning the applicant to “temporarily restricted duty,” notes the applicant’s injury was “AI: [accidentally incurred] 4 May 71, when he stepped on a dirty bayonet while on mission in RVN.”  The applicant’s name is not listed on Vietnam Era Casualty Roster.

The applicant continued to serve on active duty until 30 November 1990 when he retired, in the grade of command sergeant major, after 30 years of continuous active Federal service.  Neither the applicant’s DA Form 20 or his DD Form 2-1 reflect entitlement to the Purple Heart and none of his DD Forms 214 (Certificate of Release or Discharge from Active Duty) reflect the award.

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.  During the Vietnam era, commanders of medical treatment facilities, as well as designated troop commanders, were authorized to award the Purple Heart.

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 the evidence clearly indicates that the applicant sustained an injury to his foot while in Vietnam, there is no conclusive evidence which confirms it was as a result of hostile action.  The fact that he may have stepped on a knife while on patrol is not, in and of itself, a basis to grant an award of the Purple Heart; just as individuals who might have tripped over a tree root and broken an arm while on patrol would not necessarily be entitled to a Purple Heart.  

2.  The Board notes that in spite of extensive medical treatment, the applicant’s senior enlisted status at the time, and his continued active service for nearly 20 years following the injury, there is no indication that anyone, including the applicant, ever questioned his possible entitlement to the Purple Heart.  The lack of such evidence tends to support a conclusion that the applicant’s injury was accidental and did not involve hostile action, and as such would not warrant an award of the Purple Heart.  The absence of his name on the Vietnam Era Casualty Roster supports this conclusion.

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

__MKP__  __KAK __  __RTD __  DENY APPLICATION

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

INDEX

CASE ID	AR2001058640	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20011002	
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.