MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           28 January 1999                                       
	DOCKET NUMBER:   AR1998010919

	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. Loren G. Harrell		Director	
	Mr. Robert J. McGowan		Analyst	

  The following members, a quorum, were present:

	Mr. Luther L. Santiful 		Chairperson	
	Mr. Robert W. Garrett 		Member	
	Mr. Curtis L. Greenway 		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 for wounds received in Vietnam.

APPLICANT STATES:  That he was wounded in the right hand during a fire mission against the North Vietnamese in Bong Song, Republic of Vietnam during November 1966.  He states that he was treated in the field and medically evacuated to a hospital where he received treatment from a doctor.  He says the doctor asked him if he wanted his “medevac tag” and, when he said he did not, the doctor threw it away.  He provides a statement from an alleged eyewitness attesting that the applicant injured his hand on a M102 Howitzer during a fire mission. 

COUNSEL STATES:  Counsel provided no information supportive of the applicant’s request.

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

He was inducted into the Army of the United States on 16 May 1966.  Following Basic Combat Training (BCT) at Fort Jackson, South Carolina, from 22 May to 23 July 1966, he was sent to Fort Sill, Oklahoma, for artillery Advanced Individual Training (AIT) from 5 August to 1 October 1966.  He was awarded military occupational specialty (MOS) 13A10, cannoneer.

Upon completion of AIT, the applicant received orders to Vietnam.  While on leave, he submitted an Application for Compassionate Reassignment (DA Form 2479) requesting not to be sent to Vietnam because, “My mother is having a nervous break down because I’M going over to Vietnam.”  The applicant reported to Vietnam on 18 October 1966 and was assigned to an artillery unit in the 1st Cavalry Division on 21 October 1966.  The applicant remained in Vietnam until 17 December 1966, at which time he was reassigned to the Republic of Korea.  While in Vietnam, his records do not reflect any treatment for a hand injury.  He did receive one nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice, for carelessly discharging his rifle in the direction of a tent occupied by his fellow soldiers.

The applicant arrived in Korea in March 1967 and was assigned to a field artillery unit.  While there, he received two NJP’s.  The first was on 2 August 1967 for attacking a Korean man and hitting him in the head with a full can of beer.  The second was on 4 February 1968 for being AWOL from his unit during the hours of curfew.  He returned from Korea on 1 March 1968 and was honorably discharged at Fort Lewis, Washington, on 2 March 1968.  He had 1 year, 9 months, and 17 days of creditable service.  His DD Form 214, Report of Transfer or Discharge, erroneously credits him with the award of the Combat Infantryman Badge.

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.  The regulation also provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer personnel who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  The Awards Branch of the Total Army Personnel Command has advised, in similar cases, that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

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.  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 the aforementioned requirement.

2.  There is nothing in the applicant’s records to indicate that he was ever treated for a wound during his abbreviated tour in Vietnam.  The alleged eyewitness statement provided by the applicant references an injury sustained as a result of an accident which occurred while firing a Howitzer at the enemy, not while being fired upon by the enemy.  Under such circumstances, the Purple Heart would not be authorized even if the injury could be verified.

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

___LLS _  __RWG__  __CLG __  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1998010919	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990128	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.