MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           24 June 2003       
	DOCKET NUMBER:   AR2002081671

	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:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. Ronald E. Blakely		Member	
	Mr. Frank C. Jones		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 a medical record.  He also requests, in effect, award of the Purple Heart. 

APPLICANT STATES:  That a clinical record cover sheet, dated 25 January 1970, should be corrected to show "battle casualty" instead of "injury" since "jumping from helicopter" was into a hot landing zone/drop zone.  He contends that the aircraft was taking fire and unable to land, that he was forced to jump from the assault helicopter and he injured his knee.  In support of his application, he submits a letter, dated 16 August 2001, from the U.S. Total Army Personnel Command; a letter, dated 20 June 2001, from the National Personnel Records Center; a DA Form 8-275-3 (Clinical Record Cover Sheet), dated 25 January 1970; and a letter, dated 24 October 2002, from a Member of Congress.

The Board notes that the applicant also requests that two additional clinical record cover sheets, dated 31 January 1970, be corrected.  However, these medical records were not included with the application and are not contained in the available records.  Therefore, this portion of the applicant's request will not be discussed further in this Memorandum of Consideration.

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

The applicant entered active duty on 28 August 1956.  He remained on active duty through continuous reenlistments until he retired on 31 December 1981 in the rank of command sergeant major.

Item 3 (Type of Case) on the applicant's DA Form 8-275-3 (Clinical Record Cover Sheet), dated 25 January 1970, shows the entry, "INJ" [injury].  Item 
23 (Diagnoses) on this form also shows the applicant was accidentally injured on 17 January 1970 in Vietnam when he jumped from a chopper and injured his left knee. 

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 in Vietnam.

The applicant's name does not appear on the Vietnam Casualty Roster.

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.  There is no evidence, and the applicant has provided no evidence, which conclusively refutes the entry on the clinical record cover sheet in regard to the type of injury.  The Board noted that the clinical record cover sheet shows that the applicant was accidentally injured, not as a result of hostile action.

2.  In the absence of compelling evidence to the contrary, the Board determined that there is no basis to amend or otherwise correct the medical determination contained in item 3 (Type of Case) of the clinical record cover sheet.

3.  There is no evidence in the available records which shows the applicant was wounded or injured as a result of hostile action in Vietnam.  Therefore, the Board determined that there is insufficient evidence on which to base award of the Purple Heart in this case.   

4.  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.

5.  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

MKP____  REB_____  FCJ_____  DENY APPLICATION

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

INDEX

CASE ID	AR2002081671	
SUFFIX		
RECON		
DATE BOARDED	20030624	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.