MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            16 March 2000                  
	DOCKET NUMBER:    AR1999029901

	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. Walter Avery, Jr.		Analyst	

  The following members, a quorum, were present:

	Ms. Jennifer L. Prater		Chairperson	
	Mr. Orville W. Troesch, Jr.		Member	
	Mr. Christopher J. Prosser		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 is entitled to the Purple Heart for wounds received from a booby trap while he was in Vietnam.  In support of his request, he has provided a copy of a DVA Rating Decision awarding him 20 percent for wound residuals to the right anterior shoulder with retained shrapnel and bursitis.

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

He was inducted into the Regular Army on 8 July 1967 and served until his honorable discharge on 6 July 1973.

He served 1 year, 11 months and 11 days in Vietnam as a cannoneer and was awarded the National Defense Service Medal, 4 Overseas Service Bars, the Army Commendation Medal, the Vietnam Campaign Medal, the Vietnam Service Medal with 6 Bronze Service Stars, the Vietnam Cross of Gallantry with Palm, the Civil Actions Medal, the Bronze Star Medal with 1 oak leaf cluster, and the Sharpshooter Badge with rifle bar.

The applicant in his statement indicated that as the result of an exploding booby trap placed on the door of the head (latrine) he suffered lacerations of his index finger, chest and shoulder and that metal fragments remain in his body to this day.  He further states, he was treated at the local aid station, but the unit was standing down causing him not to be recognized.

The DVA Rating Decision document is not clear on how the doctor determined that whatever is in the applicant is a fragment, or that it is from an exploding device.  The DVA diagnosis occurs 14 years after the event yet speaks of the alleged event.  It is clear the physician is relating events as told to him or her by the applicant.

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 supporting documentation furnished by the applicant fails to establish that he was wounded as a result of hostile action.

2.  There is no record of medical care.  The applicant stated he went to a local aid station.  The injuries allegedly suffered by the applicant would have required medical attention at the level that would have necessitated some medical documentation.  Lack of this documentation hinders an approval.

3.  The applicant has waited 28 years to raise the issue of a Purple Heart and submits no evidence of medical treatment or supporting documentation from leaders in the unit.  The length of time increases the hardship of locating records or contacting commanders or medical personnel that were present at the time of the possible Purple Heart qualifying event.

4.  The applicant’s comment that he was not recognized because the unit was standing down is not plausible.  The standing down of a unit is a routine action, while the successful booby trapping of a fixture in a headquarters area and the wounding of a soldier is not.  The commanders or other leaders certainly would have had time over the subsequent days or weeks to make any award recommendation they felt was warranted. 

5.  The Purple Heart requires that the injuries be as of the result of hostile action. A booby trap placed in the latrine of a headquarters area raises the possibilities the incident may have been a fragging action or other criminal action as of the result of actions taken by friendly forces.

6.  The applicant has not provided sufficient evidence and the record contains no evidence to show that he was wounded as a result of enemy action and is entitled to the Purple Heart.

7.  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

_jlp _____  _owt____  __cjp   __  DENY APPLICATION

						Karl F. Schneider
						Director, Army Review Boards Agency

INDEX

CASE ID	AR1999029901	
SUFFIX		
RECON	20000316	
DATE BOARDED	YYYYMMDD	
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.