MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           18 July 2002
	DOCKET NUMBER:   AR2002071915

	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. Nancy L. Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor		Chairperson	
	Mr. Stanley Kelley		Member	
	Mr. John P. Infante		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 he be awarded the Purple Heart.

APPLICANT STATES:  That he was wounded by shrapnel from a booby trap on 28 February 1967.  He was a member of an advisory team that did not have medical personnel assigned.  The only way he could have had his wound verified would have been for him to have been medically evacuated and that would have been a gross misuse of aircraft and would have left the unit with only one American advisor (Sergeant R___ had been wounded and evacuated earlier in the day).  Military Assistance Command, Vietnam policy required at least two American advisors be present in a Vietnamese unit at all times.  Had he reported to medical personnel after returning from a several-weeks long combat operation, his wounds would and did look like red fire ant bites.  Since 1990, fragments from his wound work their way out through the skin in his wrists about every two years.  He requests that his case be adjudicated under the special circumstances rule.  Supporting evidence is as listed on the DD Form 149.

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

After having had prior service, he reenlisted in the Regular Army on 9 January 1964 and was discharged on 11 December 1972.  (He reenlisted again on        25 October 1973 and retired on 1 July 1982).  A record of his assignments from this period of service is not available; however, he served two tours in Vietnam during this period.

General Orders 637, U. S. Military Assistance Command, Vietnam dated 9 April 1967 awarded the applicant the Army Commendation Medal with “V” device for action on 28 February 1967.  No mention of his being wounded is made in the citation.  The applicant provides a statement from Colonel (retired) C___, who was the applicant’s unit’s senior advisor in February 1967.  He confirmed that the applicant was wounded about the hands and wrists as a result of a grenade booby trap and had ordered the applicant to return with the medical evacuation helicopter.  The applicant requested to remain with the company due to the fact he was the only advisor left and the helicopter was full with more seriously wounded.  By time they returned to base camp, the applicant’s wounds were healing well.  

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.  The “special circumstances rule” mentioned by the applicant is paragraph 2-8b(6), which states that it is not intended that such a strict interpretation of the requirement for the wound or injury to be caused by direct result of hostile action be taken that it would preclude the award being made to deserving personnel.  It gives as examples an individual injured as a result of a vehicle accident caused by enemy fire or individuals wounded or killed as a result of “friendly fire.”  Paragraph        2-8b(2) states that a wound is defined as an injury to any part of the body from an outside force or agent.  A physical lesion is not required, however, the wound for which the award is made must have required treatment by a medical officer and records of medical treatment for wounds or injuries received in action must have been made a matter of official record.  The statements of individuals are normally inadequate as the sole basis for an award of the Purple Heart because they do not fulfill the regulatory requirement that there be a record of medical treatment.

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 is cognizant of the applicant’s position of being in a unit which had no medical support.  However, the “special circumstances rule” which the applicant mentions pertains to the circumstances surrounding the injury itself, not the requirement for medical treatment.  The longstanding rule requiring soldiers to seek medical assistance for a battlefield wound exists not only for purposes of corroboration but also has the effect of discriminating among the wounds eligible for the award.  A wound serious enough to require medical assistance is the standard for the issuance of the Purple Heart.  As the applicant noted, by time he was able to seek treatment his wounds appeared to be red ant bites.

2.  Regrettably, 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:

___SK __  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

________  __RVO___  __JPI___  DENY APPLICATION

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

INDEX

CASE ID	AR2002071915	
SUFFIX		
RECON		
DATE BOARDED	2002/07/18	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT by Dissent 1-2	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.