MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            26 May 1999
	DOCKET NUMBER:    AR1999014988

	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. Loren G. Harrell		Director	
	Mr. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Mark D. Manning		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Ms. Barbara J. Ellis		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:  A second award of the Purple Heart (Purple Heart First Oak Leaf Cluster).

APPLICANT STATES:  In a statement attached to his application, that he was injured in a parachute jump in Vietnam and was evacuated to a hospital at Cu Chi and ultimately to the United States.  He states that he was not awarded the Purple Heart for this injury.  He contends that he should be awarded the Purple Heart now based on award of the Purple Heart to 14 personnel killed in a friendly fire incident which occurred in Southwest Asia when two U.S. Army helicopters were misidentified by the U.S. Air Force and shot down.  The applicant cites a Pentagon statement justifying award of the Purple Heart in this incident because the “helicopters were operating in a geographic area where the presence of hostile forces was anticipated.”  He contends that in Vietnam there “was no such thing as an area where the presence of hostile forces was not anticipated and present”.  The applicant also cites an event where an officer broke his arm while running into a bunker during an enemy rocket attack.  In support of his application, he also submitted a copy of his discharge document, a copy of a medical record prepared at Portsmouth Naval Hospital on 27 July 1971, a copy of his disability rating for a back condition by the Department of Veterans Affairs, and a copy of the article about the awarding of the Purple Hearts to the military victims of the friendly fire incident in Southwest Asia.

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

The applicant served on active duty in an enlisted status from February 1959 to June 1962.  He was commissioned in July 1965 and served in Vietnam from September 1966 to October 1967 and November 1970 to July 1971.  On 30 September 1984, the applicant was separated from active duty for the purpose of retirement.  

The applicant’s DD Form 214 (Certificate of Release or Discharge from Active Duty) shows entitlement to one award of the Purple Heart.

There is no evidence the applicant received a second award of the Purple Heart. There is no evidence of record which shows that the applicant’s injury resulting from the parachute operation in Vietnam was due to hostile action.  

The applicant’s service personnel records show that he was a hospital patient on 2 July 1971 and was subsequently evacuated to the United States.  A Standard Form 502 (Narrative Summary) provided by the applicant shows that he sustained a “compression fracture” of the L-1 vertebra of his back in a “parachute accident” in Vietnam on 24 June 1971.

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 the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.

U.S Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided, in pertinent part, for award of the Purple Heart.  The regulation stated that authority to award the Purple Heart was delegated to hospital commanders. Further, it directed that all personnel treated and released within 24 hours will be awarded the Purple Heart by the organization to which the individual is assigned. Personnel requiring hospitalization in excess of 24 hours or evacuation from Vietnam will be awarded the Purple Heart directly by the hospital commander rendering treatment.

Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Purple Heart to individuals wounded or killed as a result of “friendly fire” in the “heat of battle” as long as the “friendly” projectile or agent was released with the full intent of inflicting damage or destroying enemy troops or equipment.

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.  Evidence of record shows the applicant was injured in a parachute accident in Vietnam.  There is no evidence the applicant was wounded or injured as a result of hostile action.

2.  There is no evidence that the applicant was awarded the Purple Heart while hospitalized in Vietnam as should have occurred if he were entitled to this award.

3.  The Board notes the applicant’s contention that the threat of hostile forces was ever present in Vietnam.  However, it is also clear to the Board that his injury resulting from a parachute accident in Vietnam in 1971 did not occur “in the heat of battle” and was not caused by an agent which was released with the full intent of inflicting damage or destroying enemy troops or equipment.

4.  On the basis of the foregoing, the Board has determined that the applicant was not at the time and is not now entitled to a second award of the Purple Heart for his injury resulting from a parachute accident, on 24 June 1971 in Vietnam, either under regulation in effect at the time of his injury or under current regulations governing award of the Purple Heart. 

5.  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 the aforementioned requirement.
6.  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

MDM____  AAO____  BJE_____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999014988	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990526	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19840930	
DISCHARGE AUTHORITY	AR 635-100	
DISCHARGE REASON	RETIREMENT	
BOARD DECISION	DENY	
REVIEW AUTHORITY	MR HARRELL	
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.