RECORD OF PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           09 MARCH 2004                  
	DOCKET NUMBER:   AR2003093683

	I certify that hereinafter is recorded the true and complete record of the proceedings 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. Samuel A. Crumpler		Chairperson	
	Ms. Shirley L. Powell		Member	
	Ms. Barbara J. Ellis		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:  

1.  The applicant requests reconsideration of his earlier request to the Army Board for Correction of Military Records (ABCMR) for award of the Purple Heart.

2.  The applicant stated that he lost the little finger on his left hand loading a howitzer while under attack.

3.  The applicant provides a copy of a morning report showing that he was attached to the 93d Evacuation [Hospital] in Vietnam on 5 May 1969, and a copy of a morning report showing his return to his unit from that hospital on               12 May 1969.

CONSIDERATION OF EVIDENCE: 

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records in Docket Number AR2002070242, on                 25 June 2002.

2.  The DA Form 2173 (Statement of Medical Examination and Duty Status) referenced in the 25 June 2002 case clearly shows that he lacerated his little finger between the rammer staff and the breech [of a howitzer] while loading a round on 5 May 1969.  He was admitted to the 93d Evacuation Hospital and underwent a partial amputation to the 5th finger of his left hand.    

3.  On 4 August 1969, Headquarters, 1st Cavalry Division (Airmobile) published General Orders Number 9446, awarding the applicant the Army Commendation Medal with "V" device for heroism on 12 June 1969.

4.  The Purple Heart is awarded to any Soldier who has been wounded in action against an enemy of the United States.  A wound is defined as an injury to any part of the body from an outside force or agent.  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.  

5.  When contemplating an award of the Purple Heart, 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 perquisite, but is not the sole justification for the award.  Examples of enemy-related injuries which clearly justify award of the Purple Heart include injury caused by enemy bullet, shrapnel, or other projectile created by enemy action, injury caused by enemy placed mine or trap, and injury caused by enemy released chemical, biological, or nuclear agent.  Examples of injuries or wounds which clearly do not qualify for award of the Purple Heart include heat stroke, battle fatigue, accidents, to include explosive, aircraft, vehicular, and other accidental wounding not related to or caused by enemy action.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's submission of morning reports showing that he was hospitalized does not signify that he was wounded in action.  The DA Form 2173 clearly indicates that he accidentally injured himself while loading a round into a howitzer.  The applicant himself states likewise.

2.  The applicant's commander at that time apparently did not deem that his injury warranted award of the Purple Heart.  The applicant's contention that he deserves an award of the Purple Heart for an accidental injury some 35 years ago is not now convincing.     

3.  The applicant has submitted neither probative evidence nor a convincing argument in support of his request.   

4.  The applicant was awarded the Army Commendation Medal with "V" device for heroism on 12 June 1969.  That award is not annotated on his DD Form 214. This is an administrative error which does not require action by the Board.  Therefore, administrative correction of the applicant's records will be accomplished by the ABCMR Support Division, St. Louis, Missouri, as outlined by the Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__SAC__  __SLP___  __BJE __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR2002070242, dated 25 June 2002.

2.  The applicant's records show that he was awarded the Army Commendation Medal with "V" device for heroism on 12 June 1969.  This award is not annotated on his DD Form 214, and is in addition to the Army Commendation Medal awarded to him on 14 June 1969 for meritorious service for the period July 1968 to July 1969, which is annotated on his 28 July 1969 DD Form 214.  Therefore, the Board requests that the ABCMR Support Division, St. Louis administratively correct the applicant's DD Form 214 to reflect award of the Army Commendation Medal with "V" device. 

		__Samuel A. Crumpler____
		        CHAIRPERSON

INDEX

CASE ID	AR2003093683	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20040309	
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.