MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  12 March 2002
	DOCKET NUMBER:  AR2001064369

	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. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Ms. Irene N. Wheelwright		Chairperson	
	Ms. Gail J. Wire		Member	
	Mr. Raymond J. Wagner		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 was injured by hostile action during a rescue operation and during an air assault operation.  He still has visible scars.  He was told that a recommendation was submitted but he never received the award.  He submits a copy of his citation for the Army Commendation Medal in support of his application.  He provides no details on how, when, or where he was injured or treated for his injuries.

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

He enlisted and entered active duty on 15 April 1964.  He was trained as a medical specialist and served in Vietnam from 19 August 1965 to 18 August 1966.  Effective 25 April 1967, he was separated from active duty and transferred to the Army Reserve.  His DD Form 214 (Report of Transfer or Discharge) shows that he was awarded the Combat Medical Badge, two awards of the Air Medal, and the Aircraft Crewman Badge.  The Purple Heart is not listed as an authorized award.

The applicant reenlisted on 17 July 1967 and continued to serve until his separation from active duty by reason of retirement effective 31 July 1990.  His final DD Form 214 appears to have all of his authorized awards but does not list the Purple Heart as an authorized award.

The applicant’s citation for the Army Commendation Medal recounts his 7 May 1966 descent by ladder from a helicopter to an aircraft crash site.  The applicant administered first aid while exposing himself to enemy fire.  He assisted in the successful rescue of the downed crewmembers and salvaged equipment and weapons despite his fatigued state.  There is no mention of a wound or injury during this event.

The applicant’s medical records contain a 5 May 1966 entry for treatment of fasciitis (inflammation of the fascia) of his legs and thighs.  The fascia is a band of tissue and forms an investment for muscles.  The cause of the inflammation was listed as occurring during a combat assault when the applicant lifted a wounded soldier and had to rush due to enemy mortar fire.  There was no wound or lesion involved with the inflammation.

The applicant’s separation physical on 17 March 1967 makes no mention of a wound or injury as a result of enemy action.  A scar on his right hand was noted but this same entry appears on his entrance physical examination of 28 September 1965.  A 6 November 1983 medical treatment record shows that he received an accidental laceration to his left thigh, which was treated with sutures.

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 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.  There is no medical evidence of record, or evidence submitted by the applicant, to show that he was wounded or injured as a result of enemy action and entitled to an award of the Purple Heart.

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

__iw____  __gw____  __rw____  DENY APPLICATION

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

INDEX

CASE ID	AR2001064369	
SUFFIX		
RECON		
DATE BOARDED	20020312	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.