MEMORANDUM OF CONSIDERATION

	IN THE CASE OF

	BOARD DATE:  22 April 2003
	DOCKET NUMBER:  AR2002080087

	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. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. Melvin H. Meyer		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Ms. Mae M. Bullock		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:  Award of the Purple Heart.

APPLICANT STATES:  While serving in the Dominican Republic in 1965, he was shot by a rebel sniper.  His wound was treated for infection at Fort Bragg, North Carolina the same time as his foot injury was treated.  In support of his application, he submits a copy of a Department of Veterans Affairs (DVA) Rating Decision, dated 28 June 2002 and a Standard Form (SF) 600 (Chronological Record of Medical Care).

EVIDENCE OF RECORD:  The applicant's military records show he was inducted on 4 June 1964, as a light wheel vehicle driver (64A).  He served in the Dominican Republic from 29 April to 29 July 1965, and was released from active duty on 3 June 1966.  

The applicant’s DD Form 214 shows he was awarded the Parachutist Badge, the Armed Forces Expeditionary Medal, and the Combat Infantryman Badge.  His discharge document does not show the Purple Heart as an authorized award.  

His DA Form 20 (Enlisted Qualification Record) does not show an entry in item 40 (Wounds) and does not show the Purple Heart as an entry in item 41 (Awards and Decorations).

There are no orders in the applicant’s service personnel records which show that he was awarded the Purple Heart.  There also is no evidence in his records that shows he was wounded or treated for wounds as a result of hostile action.

The applicant’s medical records are unavailable for review by this Board.

The applicant provided a copy of his Chronological Record of Medical Care, dated 26 July 1965, which shows that he received a possible fracture to his left foot while aboard the Navy LST (Landing Ship Transport) 825.  His injury became infected and was treated with penicillin.  However, this evidence failed to indicate that his injuries were the result of hostile action.

A copy of his DVA Rating Decision, dated 28 June 2002, shows that he was granted 0 percent for a service-connected disability for left shoulder injury and for residuals, fractured left foot.  The applicant claims that he sustained a left shoulder wound in service; however, his medical records that were reviewed failed to show that he was treated for such injury.  It was noted that his separation examination indicated the presence of a laceration scar on his left chest, that was noted when he entered the service.  There is no indication in the available records to show that he was wounded as a result of hostile action or treated for wounds resulting from hostile action.

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.

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 notes the applicant’s contention that he was shot by a rebel sniper while serving in the Dominican Republic.  It was also noted that medical evidence showed that he received a possible fracture to his left foot while aboard the Navy LST.  However, this evidence failed to show that his injury was the result of hostile action and is not sufficient by itself as a basis for award of the Purple Heart.  It was also noted that the applicant was awarded 0 percent for a service-connected disability for left shoulder injury and for residuals, fractured left foot. However, his rating decision indicated that his medical records were reviewed and failed to show that he was treated for such injury and at the time of review of his records there was no evidence to show that he was wounded as a result of hostile action or treated for wounds resulting from hostile action.

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

__mm____  ___cg__  __mb___  DENY APPLICATION

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

INDEX

CASE ID	AR2002080087	
SUFFIX		
RECON		
DATE BOARDED	20030422	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19660603	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	61	
2.		
3.		
4.		
5.		
6.