MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:             17 January 2002
	DOCKET NUMBER:     AR2001061659

	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. Paul A. Petty		Analyst	

  The following members, a quorum, were present:

	Ms. Jennifer L. Prater 		Chairperson	
	Mr. Christopher J. Prosser		Member	
	Mr. Kenneth W. Lapin 		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:  Award of the Purple Heart for facial wounds received in Vietnam.

APPLICANT STATES:  That he was not awarded the Purple Heart for facial wounds received in a combat zone.  He submits a copy of: 1) his DD Form 214 (Report of Transfer or Discharge) for the period 10 June 1964 through 
13 November 1967, showing that he served 1 year in U. S. Army Pacific (USARPAC) and received the Vietnam Campaign Medal, the Vietnam Service Medal, and the Combat Infantryman Badge; 2) a Standard Form 509 (Doctor’s Progress Notes) showing an entry, dated “10/24, 2nd Surgical.  Patient has fragment wound 48 hours old over the left maxillary bone.  Plan: due to non-infection, will leave alone.  If becomes infected, will drain and close.  Should do alright.”; and 3) a Standard Form 519 (Radiographic Report), dated 22 October 1966, no location given, showing, “Pertinent Clinical History, Operations, Physical Findings, and Provisions Diagnosis: Fragment wound of left maxillary.  Radiographic Report:  Opaque foreign body in soft tissue over the left maxillary antrim.  No bony abnormality.”  The applicant contends that these medical records show that he is entitled to award of a Purple Heart.

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

That he enlisted in the Regular Army on 10 June 1964 for a 3 year term of service.  He completed basic combat training and advance individual training at Fort Gordon and basic airborne training at Fort Benning.  After completing training, he was assigned on 14 November 1964, to Fort Bragg, as a finance clerk, a radio teletype operator, an ammunition bearer, and light truck driver, in succession.  Between 9 February 1965 and 1 September 1965, he lost 150 days time due to absences without leave and confinements.

On 27 January 1966, he was assigned to Troop B, 1st Squadron, 9th Cavalry, 
1st Cavalry Division, in Vietnam, as a rifleman.  On 16 January 1967, he was returned to the U. S. on casual status.  On 1 April 1967, he was assigned to Fort Bragg.  On 13 November 1967, he was honorably released from active duty by reason of expiration of term of service (ETS) and transferred to the U. S. Army Reserve Control Group (Annual Training).  He was discharged as a specialist four (SP4), pay grade E-4, with 3 years and 7 days creditable service.

His DD Form 214 shows that he was awarded the Parachutist Badge, the National Defense Service Medal, the Armed Forces Expeditionary Medal, the Vietnam Campaign Medal, the Vietnam Service Medal, the Combat Infantryman Badge, and the Aircraft Crew Member Badge.

The applicant’s separation medical examination and medical history, dated 
21 September 1967, show no mention by either the applicant or the examining doctor of any wounding or wound scars.  There is no military medical or personnel record of a wound other than that submitted by the applicant.  The applicant is not listed on the Vietnam casualty roster.

According to Army Regulation 600-8-22 (Military Awards), award of the Purple Heart is made to soldiers wounded, injured, or killed from an outside force or agent as a result of an action against an enemy or an act of any such enemy.  The wound for which the award is made must have required treatment by medical personnel and records of medical treatment for wounds or injuries received in action must have been made a matter of official record.  Wounds or injuries as a result of accident, to include explosive, aircraft, vehicular and other accidental wounds not caused by enemy action do not qualify for award of 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.  There is no evidence to show where and under what circumstances the applicant was wounded.  The medical records provided do not say what caused the wound or what the fragment was from.  There is insufficient evidence to conclude that the applicant was wounded as the result of an action against an enemy or an act of an enemy, or that he is entitled to award of the Purple Heart.

2.  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

_jlp____  _kwl___  __cjp_             DENY APPLICATION

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

INDEX

CASE ID	AR2001061659	
SUFFIX		
RECON		
DATE BOARDED	20020117	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.0015 – Purple Heart	
2.		
3.		
4.		
5.		
6.