MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           04 APRIL 2002
	DOCKET NUMBER:   AR2002070219

	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:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. Roger W. Able		Member	
	Ms. Karen Y. Fletcher		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 was “guarding” payroll for the Army when he was “shot by three cowboy criminals.”  He notes that “it was under investigation at the time” and that he was never awarded the Purple Heart.  In support of his request he submits a copy of a medical treatment record. 

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

He initially entered active duty on 28 March 1970 and in June 1971 reenlisted for duty in Vietnam.  The applicant arrived in Vietnam in November 1971 and was briefly assigned to the 40th Ordnance Company prior to being reassigned to the 54th Ordnance Company.  In March 1972 he was reassigned to Company E of the 50th Infantry as a security guard.

The medical treatment form, submitted by the applicant, indicates that he was treated for a gunshot wound to the abdomen on 11 May 1972.  The reports notes that wound resulted from a “45 caliber bullet” and notes he was “WIA” (wounded in action).

However, an original DA Form 2173 (Statement of Medical Examination and Duty Status), contained in the applicant’s file, indicates that the applicant was “guarding” a payroll at the China Beach compound when he “was set upon by 3 local national males who bound him and shot him.”  The applicant’s injury was determined to be “in line of duty.”

As a result of the applicant’s injury he was evacuated to Okinawa and ultimately assigned to Fort Lewis, Washington.  In January 1974 the applicant was reassigned to Germany and on 20 April 1975 he was released from active duty with an honorable characterization of service.

Neither the applicant’s DD Form 214 (Report of Separation from Active Duty), nor his DA Form 20 (enlisted qualification record), reflect entitlement to the Purple Heart, and item 40 (wounds) on his DA Form 20 is blank.  The applicant last authenticated his DA Form 20 in January 1974 and his DD Form 214 was authenticated when he was released from active duty in 1975.

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.  When contemplating an award of this decoration, the key issue that commanders must take into consideration is the degree to which the enemy caused the injury.  The fact that the proposed recipient was participating in direct or indirect combat operations is a necessary prerequisite, but is not sole justification for award.

By virtue of the applicant’s assignment to Vietnam between November 1971 and May 1972, he is entitled to three bronze service stars on his Vietnam Service Medal, which is reflected on his 1975 DD Form 214 (Report of Separation from Active Duty).

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.  Although the applicant’s medical treatment form indicates he was “WIA” in reality he was injured by local nationals who were, presumably, attempting to rob him of the payroll he was guarding.  The applicant and the line of duty investigation report confirm the circumstances under which the applicant was wounded.  There was clearly no “enemy” action involved and the applicant was not participating, at that time, in any “combat” action.  Hence the Board concludes that the applicant’s injuries were not incurred under circumstances for which the Purple Heart was intended to be awarded.  

2.  The fact that neither the applicant’s local commander, nor the commander of the medical treatment facility which tended to his injuries, awarded the applicant the Purple Heart, tends to support the Board’s conclusion that an award of the Purple Heart was not appropriate.

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 that 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.

NOTE:  Officials at the ARBA Support Division in St. Louis are requested to administratively correct the applicant’s 1975 separation document to reflect award of three bronze service stars on his Vietnam Service Medal.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

___AAO_  __RWA__  __KYF __  DENY APPLICATION

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

INDEX

CASE ID	AR2002070219	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020404	
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.