MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            22 August 2000
	DOCKET NUMBER:   AR2000036711

	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. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Edward Williamson		Chairperson	
	Ms. Margaret V. Thompson		Member	
	Mr. Kenneth W. Lapin		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 Distinguished Service Cross and a second award of the Purple Heart.  

With regard to award of the Distinguished Service Cross, the applicant has not exhausted his administrative remedy and has been advised in separate correspondence to submit a recommendation for award of the Distinguished Service Cross under the provisions of Section 1130, Title 10, United States Code.  Therefore, this portion of the applicant’s request is not discussed further in this Memorandum of Consideration.

APPLICANT STATES:  In effect, that he should be awarded the Purple Heart (First Oak Leaf Cluster) for wounds sustained in Vietnam.  He also states that these awards may impact on his promotion to colonel.  In support of his application, he submits a 19 February 1991 letter from a fellow officer and a 11 November 1999 letter from a noncommissioned officer with whom the applicant served in Vietnam at the time in question.

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

The applicant retired on 30 April 1975 with over 29 years of active Federal service.  At the time in question the applicant was a lieutenant colonel serving as the Deputy Senior Advisor to the Airborne Division Advisory Detachment in support of the Republic of Vietnam Airborne Division in Vietnam.

The applicant’s records show that he received the Purple Heart for wounds sustained in Korea on 19 September 1950.  His DD Form 214 (Report of Separation from Active Duty), which is authenticated in the applicant’s own hand, shows one award of the Purple Heart.

There is no evidence of record which shows that the applicant received a second award of the Purple Heart.  There also is no evidence of record the applicant was wounded or treated for wounds as a result of hostile action in Vietnam.

The applicant submitted a 19 February 1991 letter from a General Officer (a captain at the time in question) which describes the events of 1 and 2 February 1968 during the TET Offensive.  The letter states:  “I should mention that [the applicant] was wounded in the left arm during the rescue effort.”  

In his recommendation for award of the Distinguished Service Cross, the noncommissioned officer who served with the applicant as the Vietnamese Airborne Division Advisory Detachment Sergeant Major, writes:  “As stated in [the General Officer’s ] letter (enclosed), the applicant was wounded in the left arm during one of these forays.  He refused to be evacuated and was treated by a Vietnamese aid man and did not involve himself with U.S. medical personnel.  He should also be awarded the Purple Heart Medal 1st OLC.” 
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.

Army Regulation 600-8-22 provides, in pertinent part, that the bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart.

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 of record, and the applicant has submitted no evidence, which shows that he received a second award of the Purple Heart for wounds received in Vietnam.  There also is no medical evidence presented which shows the applicant was wounded or treated for wounds as a result of hostile action in Vietnam during the TET Offensive in February 1968.

2.  The Board noted the letter from the General Officer who stated that the applicant was wounded on or about 1 or 2 February 1968.  The Board also noted the comment in the recommendation for award to the effect that the General Officer’s letter stated that the applicant was wounded.

3.  Notwithstanding the applicant’s contentions over 30 years after the fact that he is entitled to a second award of the Purple Heart, there is no evidence of record to support his claim.  There also is no evidence the applicant attempted to document a second award of the Purple Heart or apply for correction of his records during the seven years he served on active duty after the alleged wounding in February 1968.  The applicant also signed his DD Form 214 at the time of his retirement in April 1975 which attests to the fact that he was not entitled to a second award of the Purple Heart. 

4.  The statements by the General Officer and the former Advisory Team Sergeant Major are not sufficient by themselves as a basis for award of the Purple Heart.  The statement by the General Officer was originally prepared over 20 years after the fact in support of an officer evaluation report appeal and does not indicate whether or not he was an eyewitness.  The recommendation for award prepared by the former Detachment Sergeant Major only restates the comment by the General Officer about the applicant’s wound and does not indicate that he was an eye witness to the wounding.  Furthermore, the Detachment Sergeant Major was in a position to assure that any wounds sustained by the Deputy Senior Advisor in his detachment were properly reported and award of the Purple Heart was pursued, but obviously he did not do so at the time in question because such action was not warranted.

5.  In view of the foregoing, the Board has determined that there is insufficient evidence to support the applicant’s contention that he was wounded during his service in Vietnam.  Therefore, the applicant will not be awarded a second award of the Purple Heart and his records will not be amended to show a second award of the Purple Heart.

6.  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 either of these requirements.

7.  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

__MVT__  __KWL__  ___ELW__  DENY APPLICATION

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

INDEX

CASE ID	AR2000036711	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000822	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19750430	
DISCHARGE AUTHORITY	AR 635-100	
DISCHARGE REASON	RETIREMENT	
BOARD DECISION	DENY	
REVIEW AUTHORITY	MR CHUN	
ISSUES         1.	107.000	
2.		
3.		
4.		
5.		
6.