MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           23 MAY 2002                   
	DOCKET NUMBER:   AR2002070535

	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. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. Mark D. Manning		Chairperson	
	Mr. Lester Echols		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 injured his left knee in Vietnam in the early part of February 1969 when he accidentally stepped into a hole while running.  He was admitted to a local hospital, diagnosed with a hyper extended left knee, and a few days later admitted to the 312th Evacuation Hospital in Chu Lai.  He was there for ten days and his knee was healing well, when on or about 20 February 1969 the enemy rocketed the area.  He tried to run to a bunker, but his knee buckled and he fell to the concrete floor.  He could not walk, so he crawled, scraping his knee, which became badly swollen.  After the attack he had to be carried back to the hospital ward.  He was evacuated to the 249th Evacuation Hospital in Japan and then to Walson Army Hospital in the United States.

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

The applicant was a heavy vehicle driver with the 1018th Supply and Service Company, an Army Reserve unit in New York, when that unit was ordered to active duty in May 1968.  In August 1968 the applicant was awarded the Expert Qualification Badge with rifle bar.  In October 1968 the 1018th was assigned to Vietnam.  He was promoted to pay grade E-5 on 20 November 1968.

The applicant’s DA Form 20 (Enlisted Qualification Record) shows that he was a patient at the 249th General Hospital on 28 February 1989 and a patient at the Walson Army Hospital at Fort Dix, New Jersey on 13 March 1969.  He participated in three campaigns during his tour (Vietnam Counteroffensive, Phase V; Vietnam Counteroffensive, Phase VI; Tet 69 Counteroffensive, 1969).  The unit in which he served was awarded the Republic of Vietnam Gallantry Cross Unit Citation with Palm.

A 2 April 1969 medical report shows that the applicant had twisted his left knee while running in Vietnam on 27 January 1969, and was treated with two days of bed rest.  That report indicates that the applicant had a recurrence of his previous symptoms on approximately 7 February 1969 and said at that time to have had an effusion.  He has had several episodes of mild twisting trauma resulting in pain and effusion, with his left knee giving out, but no locking.  He was evacuated on 28 February 1969.  The report indicates a diagnosis of convalescent care for tear to his left medial meniscus, no major artery or nerve involvement.  He was discharged from the hospital on 24 March 1969.

The applicant was reassigned to the 1st AIT (Advanced Individual Training) Brigade in April 1969.  He was released from active duty on 19 October 1969 and transferred to the Army Reserve Control Group (Annual Training) at St. Louis.
The applicant’s DD Form214 shows award of the Army Good Conduct Medal, the National Defense Service Medal, and the Vietnam Campaign Medal.  It does not show award of the Purple Heart.  The applicant’s DD Form 20 does not show award of the Purple Heart nor does it indicate that he was wounded. 

Army Regulation 600-8-22 provides 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 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.  Notwithstanding the applicant’s contentions, he has provided insufficient evidence to show that he was wounded as a result of hostile action.  Consequently, he is not entitled to award of 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 that requirement.

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.

NOTE:  The ARBA Review Boards Agency at St. Louis will be requested to correct the applicant’s records to show award of the Vietnam Service Medal with three bronze service stars, the Republic of Vietnam Gallantry Cross Unit Citation 
with Palm, and the Expert Qualification Badge with rifle bar.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__MDM      __LE     _  __KYF___  DENY APPLICATION

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

INDEX

CASE ID	AR2002070535	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020523	
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.	61	
3.		
4.		
5.		
6.