MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:           25 October 2001                   
	DOCKET NUMBER:   AR2001059172

	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 J. Wagner		Chairperson	
	Ms. Kathleen A. Newman		Member	
	Mr. Ronald E. Blakely		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.

APPLICANT STATES:  While serving in Vietnam, a bomb exploded while he was unloading explosives, resulting in a wound to his left hand.  He was treated for the wound, but later discovered that there was shrapnel in the wound which was removed by the Department of Veterans Affairs (DVA).  At the time he refused the Purple Heart, but now wants his separation papers corrected to reflect that he was awarded that decoration.

In support of his application he submits documents from the DVA dated August 1969 in which it is shown that the applicant had a brassy metallic object removed from his finger.  The applicant had reported to the DVA that he had cut his finger while unloading ammunition from a truck.  However, one of the five pages of medical records refers to the cut as a shrapnel wound.

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

He was inducted on active duty on 12 September 1967, was awarded the military occupational specialty of artilleryman, and was promoted to pay grade E-4.  He served in Vietnam from 23 July 1968 to 22 July 1969 and was honorably released from active duty on 22 July 1969.  

The applicant’s DA Form 20, Enlisted Qualification Record, Item 40, Wounds, has nothing entered.  The applicant’s separation physical examination has no entries concerning any wound.

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.  There is no evidence that the applicant was treated for a wound while in Vietnam.  To the contrary, both the applicant’s separation physical and DA Form 20 indicate he was not wounded.

2.  While the applicant had a metallic sliver imbedded in his finger there is no evidence which would show that it was a shrapnel wound, other than the one page of DVA medical records prepared after the applicant was released from active duty.  Since the applicant reported that he got the sliver while unloading ammunition, assuming it could be shown that the sliver was, in fact, incurred in Vietnam, he would have to show that the sliver was from shrapnel and not from handling munitions.

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

__kan ___  ___reb __  ____rjw_  DENY APPLICATION

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

INDEX

CASE ID	AR2001059172	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	200101025	
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.