MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           2 April 2002     
	DOCKET NUMBER:   AR2001065824

	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	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. Roger W. Able		Member	
	Ms. Karen Y. Fletcher		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:  Correction of his military records to show award of the Purple Heart.

APPLICANT STATES:  That he should be awarded the Purple Heart for an injury that was directly caused by an enemy mortar attack on his unit.  He contends that on the night of 17 June 1968, while he was walking down a road to his battalion area, his unit came under an enemy mortar attack.  He states that the mortar rounds were landing closer and closer to the road and he decided to take cover in a ditch when he hit his foot on a large rock that he could not see in the dark.  After the attack, his foot swelled and he received medical attention for this injury.  In support of his application, he submits a letter, dated 25 November 2001; a Statement of Facts, dated 25 November 2001; a copy of his DD Form 214 (Report of Transfer or Discharge); page 3 of his DA Form 20 (Enlisted Qualification Record); an Operational Report of 2d Battalion, 17th Artillery for period ending 31 July 1968, dated 10 August 1968; and a Standard Form 600 (Chronological Record of Medical Care), dated 18 June 1968.  

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

The applicant was inducted on 25 July 1967.  He served as a field artillery basic in Vietnam from 31 December 1967 through 21 December 1968 and was honorably released on 24 July 1969.

The applicant’s DD Form 214, which was authenticated in his own hand, does not show the Purple Heart as an authorized award.

There is no evidence in the applicant’s service personnel records that he was awarded the Purple Heart or was wounded as a result of hostile action

His DA Form 20 (Enlisted Qualification Record) does not reflect entitlement to the Purple Heart and item 40 (Wounds) on his DA Form 20 is blank.  The applicant’s name does not appear on the Vietnam Casualty Roster.

Evidence of record shows that on 6 May 1969 the applicant underwent a separation physical examination which makes no mention of any wounds sustained as a result of hostile action. 

In support of his claim for the Purple Heart, the applicant provided a copy of the Operational Report of 2d Battalion, 17th Artillery for the period ending 31 July 1968.  This report shows that a mortar attack occurred on 17 June 1968 and two personnel were slightly injured. 

The applicant also provided a Standard Form 600 (Chronological Record of Medical Care), dated 18 June 1968, which shows the entry, “Hit toe on rock last night during alert.”  However, there is no evidence that this injury was the result of hostile action.  

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, 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 Board considered the applicant’s contention that he should be awarded the Purple Heart for an injury that was directly caused by an enemy mortar attack on his unit.  

2.  The Board also noted the medical record which the applicant provided and that this record shows an injury to his right great toe.  However, there is no evidence of record which shows that competent medical authority determined that this injury was the result of hostile action.

3.  The applicant signed his DD Form 214 on 24 July 1969 attesting to the fact that he was not entitled to award of the Purple Heart.       

4.  The preponderance of evidence in this case shows that the applicant was not wounded or otherwise entitled to award of the Purple Heart.  Therefore, the Board determined that there is insufficient evidence upon which to base award of the Purple Heart in this case. 

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 this 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

AAO____  RWA____  KYF_____  DENY APPLICATION

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

INDEX

CASE ID	AR2001065824	
SUFFIX		
RECON		
DATE BOARDED	20020402	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.