MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  16 July 2002
	DOCKET NUMBER:  AR2002069019

	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. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Donald P. Hupman		Member	
	Mr. Melvin H. Meyer		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.

APPLICANT STATES:  That he received chemical burns on both hands while serving in Vietnam due to enemy contact, which caused smoke grenades to go off in his rucksack.  He was removed from the front lines for over 20 days.  In support of his application, he submits a copy of his DD Form 214 (Report of Transfer or Discharge) and two copies of his Standard Form 600 (Chronological Record of Medical Care).

EVIDENCE OF RECORD:  The applicant's military records show he entered active duty on 13 May 1968, as a light weapons infantryman.  He served in Vietnam from 3 July 1969 to 29 June 1970, and was released from active duty on 12 May 1971.

His discharge document does not show the Purple Heart as an authorized award.

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 shows he was wounded or treated for wounds as a result of hostile action.

The applicant’s medical records are unavailable for review by this Board.

The applicant provided two copies of his Chronological Record of Medical Care, dated 7 May 1970, which shows that he received mild chemical burns to his hands with zinc treatment applied and his dressing changed on 8 May 1970.  On 20 December 1973, he complained of skin cracking and bleeding hands from his chemical burns.  However, this evidence failed to indicate that his injuries were the result of hostile action.

Army Regulation 600-8-22 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, and the medical treatment
must have been made a matter of official record.

The applicant’s name did not appear on the Vietnam Casualty List for a wound or injury received during the time frame of 3 July 1969 to 29 June 1970.

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 Board notes the applicant’s contentions and his Standard Form 600, dated 7 May 1970, which shows that the applicant received mild chemical burns to his hands.  However, this document failed to show that his injury was the result of hostile action and is not sufficient by itself as a basis for award of the Purple Heart.

2.  There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he was injured or wounded due to hostile action during Vietnam.  Therefore, there is insufficient evidence to support an award of the Purple Heart.

3.  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 this requirement.

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

___fe__  ___dh___  ___mm_____  DENY APPLICATION

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

INDEX

CASE ID	AR2002069019	
SUFFIX		
RECON		
DATE BOARDED	20020716	
TYPE OF DISCHARGE	HD	
DATE OF DISCHAR	19791120	
DISCHARGE AUTHORITY	AR635-200	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  61	61	
2.		
3.		
4.		
5.		
6.