MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:           26 September 2002                   
	DOCKET NUMBER:   AR2002075404

	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. Edmund P. Mercanti | | Analyst

  The following members, a quorum, were present:

| Mr. Raymond V. O'Connor, Jr. | | Chairperson
| Mr. Raymond J. Wagner | | 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:  That he be awarded the Purple Heart (PH).

APPLICANT STATES:  He was told that he was not awarded a PH because his wounds were a result of friendly fire.  He contends his wounds were not the result of friendly fire.  He was wounded as a result of a Vietcong booby trap.  Notwithstanding his contention that he was not wounded as a result of friendly fire, he questions why he did not receive a PH for friendly fire when other soldiers have received the PH for obvious friendly fire wounds, citing a recent incident in which soldiers serving in Afghanistan who were wounded by an errant U.S. bomb were awarded the PH.

In support of his application he submits a copy of a picture which he describes as him being awarded the PH.  He also submits a statement from his unit's medic, who states that the applicant was wounded when an ammo dump they were in the process of destroying exploded.  The medic states that the explosion was the result of a booby trap.  Finally, the applicant submits a telegram to his parents informing them that he was hospitalized due to shrapnel wounds to his left shoulder with resultant fracture of his left upper arm.

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

That he was inducted and entered on active duty on 15 May 1968, was awarded the military occupational specialty of light weapons infantryman, and was promoted to pay grade E-4.  He served in Vietnam from 9 December 1968 to 2 May 1969.

While in Vietnam, a Statement of Medical Examination and Duty Status was completed on the applicant's "Fragment wound, left shoulder; fracture, left shoulder."  In item 30 of the form, Details of Accident – Remarks, the applicant's commander stated that the applicant " . . . was part of a detail stacking ammo to be destroyed, when a fire started from an unknown cause, possibly a trip flare.  The resulting explosion inflicted wounds on the members of the detail."

The applicant was honorably released from active duty on 25 May 1970 at the expiration of his term of service.  His separation document shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal with 2 bronze service stars, the Vietnam Campaign Medal with 1960 Device, the Combat Infantryman Badge, and marksmanship qualification badges.

Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for wounds 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.

Included as part of the Department of Defense Appropriations Act for fiscal year 1994 was an amendment to the rules governing award of the PH.  While the original rules established that the PH would be awarded to individual's killed or wounded as a result of hostile action the amendment enabled the Secretaries of each department to award the PH to members of the armed forces who were killed or wounded in action by weapon fire, while directly engaged in armed conflict, other than as the result of an act of an enemy of the United States.  This ruling, in effect, granted the service Secretaries the authority to award the PH to individual directly engaged in armed conflict who were killed or wounded as a result of "friendly fire."

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record and applicable law and regulations, it is concluded:

1.  The applicant was wounded as a result of an explosion at an ammo dump.  The explosion was caused by a fire of unknown origin.  Without evidence showing that the fire and resulting explosion was the result of enemy action, there is no basis to award the applicant the PH.

2.  Since there is no evidence which shows that the explosion was anything but accidental, the friendly fire aspect of the applicant's contentions is not germane to his request.  However, the Board has opted to reference the legislation which changed the criteria for the PH to include friendly fire incidents to show the history of the decoration.

3.  The Board has carefully considered the picture of the applicant being awarded the PH, the statement from the applicant's unit's medic, and the telegram to his parents informing them that the applicant was hospitalized due to shrapnel wounds.  However, there is insufficient evidence to show that the picture is of the applicant being awarded the PH.  The assessment by the unit's medic of what occurred on the day the applicant was injured does not carry as much weight as the commander's official determination, as reflected by his comments on the applicant's Statement of Medical Examination and Duty Status.  The telegram only verifies that the applicant was injured and hospitalized for his injury.

4.  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:

___rjw___  ___kyf__  ___rvo___  GRANT

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

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

INDEX

CASE ID | AR2002075404
SUFFIX |
RECON | YYYYMMDD
DATE BOARDED | 20020923
TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE | YYYYMMDD
DISCHARGE AUTHORITY | AR .  .  .  .  .
DISCHARGE REASON |
BOARD DECISION | GRANT
REVIEW AUTHORITY |
ISSUES         1. | 107.00
2. |
3. |
4. |
5. |
6. |