MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:           7 March 2002                   
	DOCKET NUMBER:   AR2001062082

	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. Walter Avery, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor, Jr.		Chairperson	
	Mr. John P. Infante		Member	
	Ms. Regan K. Smith		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 he is entitled to the Purple Heart for injuries received while serving in Vietnam.  He believes these injuries earned him the Purple Heart.

In support of his request, he submits a copy of a clinical record.  It reflects that the applicant was admitted for medical treatment on 23 November 1966, because he had a history of having sustained 1st and 2nd degree burns to the trunk and torso area and 1st and 2nd degree burn to both upper and lower extremities.  The injury was sustained in Vietnam on 19 November 1966 when a gasoline line exploded. 

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

He entered the Regular Army on 11 December 1964, was trained as a combat construction specialist, and served with the 39th Engineer Battalion in Vietnam from 9 September 1966 to 21 November 1966.  He later served in Korea from 5 January 1967 to 28 September 1967.  He was promoted to specialist, and was honorably released from active duty to the US Army Reserve on 29 September 1967.  He reenlisted on 27 January 1969 and was released on 17 March 1969 for failure to meet medical fitness standards at time of enlistment.

His awards include the National Defense Service Medal, the Vietnam Service Medal and the Good Conduct Medal.

In addition to the foregoing awards, his record reveals that he qualified Expert with the M-14 rifle.

The clinical record submitted does indicate that the applicant was injured in Vietnam.

There are no orders in the applicant’s service personnel records, which show that he was awarded the Purple Heart.  There also is no evidence in his records that he was wounded or treated for wounds as a result of hostile action.  His DA Form 20 (Enlisted Qualification Record) does not show any entry in item 40 (Wounds) or list the Purple Heart in item 41 (Awards and Decorations).

DA Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, lists units, which have been awarded unit citations, battle credits and foreign awards.  The register shows that the 39th Engineer Battalion was awarded the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

AR 600-200 provides, in pertinent part, that Item 40 (Wounds) of the DA Form 20 will contain a brief description of wounds or injuries (including injury from gas) requiring medical treatment, received through hostile or enemy action, including those requiring hospitalization.

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 clinical record submitted in support of his request for the Purple Heart shows that his injury was incurred when a gasoline line exploded.  There is no evidence that the injury was the result of hostile action.  It appears to reflect an accident.  Such an accident does not meet the criterion for award of the Purple Heart.  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.

2.  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 either requirement.

3.  Nonetheless, in reviewing his case it was noted that he is entitled to the Meritorious Unit Commendation and the Vietnam Gallantry Cross with Palm Unit Citation, and the Expert Badge with rifle bar.  Accordingly, the Army Review Board Agency Support Division, St. Louis will be requested to issued him a correction to his separation document reflecting these awards.

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.

NOTE: The Army Review Boards Agency Support Division, St. Louis will be requested to provide the applicant with a correction to his separation document which shows he was awarded the Meritorious Unit Commendation, the Vietnam Gallantry Cross with Palm Unit Citation, and the Expert Badge with rifle bar.

BOARD VOTE:

__jpi    __  ___rks __  ___rvo __  GRANT

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

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

INDEX

CASE ID	AR2001062082	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020307	
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.