MEMORANDUM OF CONSIDERATION

		IN THE CASE OF:     

		BOARD DATE:          4 November 2003
		DOCKET NUMBER:  AR2003090291

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Ms. Gail J. Wire		Member	
	Mr. Antonio Uribe		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 received in Vietnam.

APPLICANT STATES:  That as a result of small arms fire, he was hit by debris that caused him to fall 200 feet from a helicopter and injuring his back.  He goes on to state that he has received service connected disability from the Department of Veterans Affairs (VA) at the 20% rate and requests that he be awarded the Purple Heart.  In support of his application he submits copies of Doctor Progress Notes (Standard Form 509) from his medical records.

COUNSEL CONTENDS:  In effect, that careful consideration should be afforded the applicant's request and that all evidence and regulations should be considered by the Board in it's determination.

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

He was inducted in Little Rock, Arkansas, on 22 January 1970.  He successfully completed his training and was transferred to Vietnam on 17 June 1970, where he was assigned as a light weapons infantryman with the 3rd Battalion, 21st Infantry Regiment.  

On 2 November 1970, the applicant was admitted to the 91st Evacuation Hospital for treatment after being struck by pieces of plywood that fell 200 feet from a helicopter.

He was subsequently evacuated to a hospital at Fort Gordon, Georgia, where he remained until he was transferred to Fort Riley, Kansas.  

He remained at Fort Riley until he was honorably released from active duty on 17 May 1972, due to the expiration of his term of service.  He had served 2 years, 3 months and 26 days of total active service and was awarded the National Defense Service Medal, the Vietnam Service Medal with two bronze service stars, the Republic of Vietnam Campaign Medal, the Combat Infantryman Badge, the Good Conduct Medal and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.   

The applicant's records contain a letter from the Legal Aid Bureau of Pulaksi County, Arkansas, which indicates that the applicant claimed to have been hit by plywood at a helicopter pad in Vietnam and was attempting to obtain VA benefits.

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.  Substantiating evidence must be provided to verify that the wound was a result of hostile action, that the wound must have required treatment by a medical officer, and that the medical treatment was made a matter of official record.

Paragraph 2-8, subparagraph (5), AR 600-8-22, is quoted as follows, 
"Examples of injuries or wounds which clearly do not qualify for award of the Purple Heart are as follows: 

(a) Frostbite or trench foot injuries. 
(b) Heat stroke. 
(c) Food poisoning not caused by enemy agents. 
(d) Chemical, biological, or nuclear agents not released by the enemy. 
(e) Battle fatigue. 
(f) Disease not directly caused by enemy agents. 
(g) Accidents, to include explosive, aircraft, vehicular, and other accidental wounding not related to or caused by enemy action. 
(h) Self-inflicted wounds, except when in the heat of battle, and not involving gross negligence. 
(i) Post traumatic stress disorders. 
(j) Jump injuries not caused by enemy action."

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 states in his application to the Board that as a result of small arms fire, he was hit by debris and fell 200 feet from a helicopter and injured his back.  However, the evidence of record indicates that he was on the ground when plywood falling from a helicopter hit him.  The injuries that he sustained appears to have been accidentally inflicted.  There is no evidence, and the applicant has provided none, that the injury was incurred while he was engaged in action against a hostile enemy; therefore, the Board has determined that there is insufficient evidence upon which to base award of the Purple Heart to the applicant at this time.

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 this 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.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

___fe ___  ___gw___  __au____  DENY APPLICATION

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

INDEX

CASE ID	AR2003090291	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2003/11/04	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  61	107.0015/PH	
2.		
3.		
4.		
5.		
6.