MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           10 September 2002                  
	DOCKET NUMBER:   AR2002072498

	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. W. E. Schnupp		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Mr. William D. Barr		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 for injuries sustained in Vietnam on 20 September 1971.

APPLICANT STATES:  In effect, that on 20 September 1971, he was an infantryman operating out of a firebase in the A Shau Valley of Vietnam.  Expecting an enemy attack on their bunker position, the defenders were told to fire at anything that moved.  In dusk and fog conditions the applicant threw 10 or more hand grenades.  However, his last grenade did not clear the waist high sandbag berm and landed five feet away from him.  The explosion resulted in a concussion and injuries to his chest, foot and face.  A medic on the scene treated him and he was eventually evacuated from the firebase for further treatment.  He contends that the medic that treated him said he was entitled to the Purple Heart for his injuries, but he declined the award, saying that he felt that he had blown himself up.  He believes now however, that he was shell-shocked and being treated for a concussion and wounds to the face at the time and should not be held responsible for refusing the Purple Heart.  He says that since the injury happened he should receive the Purple Heart.

In support of his request, he submits a copy of a Standard Form (SF) 600, Chronological Record of Medical Care, showing he received medical care on 26 November 1971, 7 January 1972 and 27 March 1972.

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

He was inducted on 1 February 1971, received training as a light weapons infantryman and served in Vietnam with Company C, 1st Battalion, 46th Infantry, 196th Infantry Brigade, from 1 August 1971 to 17 April 1972.  He was honorably released to the US Army Reserve under the Phasedown Release Programs on 18 April 1972 in pay grade E-4 after serving 1 year, 2 months and 18 days active service.  He reentered the Army on 11 March 1976 and was separated under honorable conditions 6 months and 13 days later in the rank of private with 186 days lost time.

Awards reflected on the two DD Forms 214, Report of Transfer or Discharge, he was issued include the National Defense Service Medal, the Vietnam Service Medal with 3 bronze service stars, the Vietnam Campaign Medal with/60 device, the Combat Infantryman Badge, the Vietnam Cross of Gallantry with Palm, the Good Conduct Medal, the Army Commendation Medal and the Expert Marksman Qualification Badge with rifle bar.  The Purple Heart is not shown as an authorized award.

The SF 600 submitted by the applicant does not show that he was treated for wounds received in combat.  It shows that on 26 November 1971, he was treated for nausea, chills and fever for suspected malaria; on 7 January 1972, he was treated for swollen glands and on 27 March 1972, he was treated for chest pains and a head cold. 

The applicant’s Official Military Personnel File contains no information concerning wounds/injuries received while on active duty.  Moreover, his name does not appear on the Vietnam Casualty List.

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 applicant’s records contain no evidence and he has provided no evidence to show that he was wounded in action during his Vietnam service.  Under such circumstances, the Board is unable to arrive at any finding other than there is insufficient evidence to award the Purple Heart.

2.  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

___bje___  ___fne__  ____wdb_  DENY APPLICATION

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

INDEX

CASE ID	AR2002072498	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020910	
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.