MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:            19 October 2000
	DOCKET NUMBER:   AR2000039972

	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. Antoinette Farley		Analyst	

  The following members, a quorum, were present:

	Mr. Ernest W. Lutz Jr.		Chairperson	
	Mr. Christopher J. Prosser		Member	
	Ms. Tracey L. Pinson 		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 his military records to show award of the Purple Heart.

APPLICANT STATES:  In effect, that he was wounded in the Republic of Vietnam (RVN) during the Communist “TET” Offensive, while assigned to the 129TH Assault Helicopter Company in 1968 and therefore should have been awarded the Purple Heart.  In support of his request, he submits a clipping from the Bakersfield Californian newspaper, a copy of his DD Form 214 (Armed Forces of The United States Report of Transfer or Discharge) and a copy of orders which awarded him the Air Medal with the first though the 27th Oak Leaf Cluster.

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

On 6 October 1966, he enlisted in the Regular Army for 3 years.  He completed his basic training and advance training at Fort Ord, California.  On 20 January 1967, he was awarded military occupational specialty (MOS) 71H20 (Personnel 
Specialist).  He was then transferred to Fort Hood, Texas, for on-the-job training in his MOS.  On 4 May 1967, he was assigned to the RVN for duty.

On 23 December 1967, he was approved for an extension of his tour under the provisions of United States Army Vietnam Regulation 630-2, for at least 6 months beyond his normal expiration of tour of duty in the RVN.  On 9 February 1968, he was awarded the aircraft Crewman Award (Badge).

On 13 February 1968, the applicant was injured while dropping flares from a helicopter.  On 20 February 1968, he was evacuated to the 249th General Hospital, in Vietnam and admitted for treatment.  The doctor’s diagnosis on a DA Form 
8-275-2 (Clinical Record Center Sheet), found that the applicant sustained a closed fracture to the base of his 1st metacarpal, no nerve or artery involvement and a closed fracture, undisplaced, proximal phalanx (Right Thumb) while performing the above duty.  The thumb was placed in a cast and he was returned to duty with a 2-month profile. 

On 5 May 1969, he returned to the United States for discharge processing at Lewis, Washington.  On 11 May 1969, he received a separation physical at the Fort Lewis Medical Processing Center.  The Standard Form 88 (Report of Medical examination) states in item 16 (other information) that he had an injury to his right thumb but with no notations of any other injuries. 

On 6 October 1969, he was honorably separated and transferred to the United States Army Reserve (USAR) for completion of his 6-year service obligation.  He was credited with 2 years, 7 months and 6 days of active service and had no lost time.  The highest grade he attained was pay grade E-4.  He remained in the USAR and was honorably discharged on 5 October 1972.

The applicant’s DD Form 214, Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) completed at the time of separation, shows the award of the Air Medal, the Good Conduct Medal, the National Defense Service Medal, the Vietnam Service 
Medal, 4 Overseas Service Bars, the RVN Campaign Ribbon w/60 Device, the Aircraft Crewman Award (Badge), and the Marksmanship Qualification Badge 
(M-16).  It does not show the award of the Purple Heart.  

His records also contains a copy of a DA Form 1577, (Authorization for Issuance of Awards) from the National Personnel Records Center, St. Louis, Missouri dated May 3 1999, which awarded him the Vietnam Service Medal with 3 bronze service stars; the RVN Campaign Ribbon w/device 60 and the Republic of Vietnam Gallantry Cross with Palm Unit Citation Badge.  

Additionally, the applicant provided a copy of General Orders Number 2661, Headquarters, 1st Aviation Brigade, dated 10 June 1969, awarding him the Air Medal with 27 Oak Leaf Clusters (now the numeral 27) for participation in aerial flight operations from 31 January 1968 to 22 April 1969.

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.

Army Regulation 600-8-22 provides, in pertinent part, that the Air Medal is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight.  This award is primarily intended for personnel on flying status, but may also be awarded to those personnel whose combat duties require them to fly.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  Numerals are added for additional awards.

Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows the unit, to which the applicant was assigned, was cited for award of the Vietnam Cross of Gallantry with Palm Unit Citation for the period 
15 December 1969 to 10 October 1970 by Department of the Army General Order Number 52, dated 1971.

Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.

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.  The record shows that on 13 February 1968, the applicant accidentally injured himself while dropping flares from a helicopter.  He was treated for a closed fracture to his right thumb and returned to duty.  There was no indication that this injury was received as the result of enemy action. 

3.  Therefore, there is no evidence of record, and the applicant has provided no evidence, which shows that he was awarded the Purple Heart for this injury or that he underwent medical treatment for wounds received as a result of hostile action at any other time while in the RVN.  

4.  The Board noted the newspaper article provided by the applicant, which indicated he had been wounded in the RVN.  However, this document is not sufficient by itself as a basis for award of the Purple Heart.

5.  Notwithstanding this, he is entitled to administrative action to correct his DD Form 214 in order to add several awards to include: the Air Medal with Numeral 27; 3 bronze service stars for wear on his Vietnam Service Medal; and the Republic of Vietnam Gallantry Cross with Palm Unit Citation Badge.

6.  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.  

NOTE:  Request that the Army Review Boards Agency (ARBA), Support Division, St. Louis furnish the individual concerned a DD Form 215, (Correction to DD Form 214) to show in item 24, award of the Air Medal with Numeral 27; 3 bronze service stars for wear on the Vietnam Service Medal; and the Republic of Vietnam Gallantry Cross with Palm Unit Citation Badge.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__ewl___  __cjp____  __tlp____  DENY APPLICATION

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

INDEX

CASE ID	AR2000039972	
SUFFIX		
RECON		
DATE BOARDED	20001019	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19690511	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON	Transferred to USAR	
BOARD DECISION	DENY	
REVIEW AUTHORITY	DIRECTOR	
ISSUES         1.		
2.		
3.		
4.		
5.		
6.