MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:           16 November 2000                 
	DOCKET NUMBER:   AR2000041274

	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. W. E. Schnupp		Analyst	

  The following members, a quorum, were present:

	Mr. Walter T. Morrison		Chairperson	
	Ms. Martha E. Schuler		Member	
	Mr. James E. Anderholm		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 his military records be corrected to show that he received the following awards: three Purple Hearts, the Bronze Arrowhead to his Vietnam Service Medal (VSM), the Republic of Vietnam (RVN) Defense Commemorative Medal, the Vietnam Service Commemorative Medal, the Cold War Victory Commemorative Medal, the US Army Service Commemorative Medal, the Overseas Service Commemorative Medal, the Army Overseas Ribbon and the RVN Staff Service Medal – Second Class.

APPLICANT STATES:  That he should be awarded the Purple Hearts for combat trauma which caused post traumatic stress disorder (PTSD), hearing loss due to being quartered at the end of a jet runway with no hearing protection provided and loss of a molar which had to be extracted because he could not be evacuated from the combat zone for treatment.  He contends that he should be awarded the Bronze Arrowhead device to his VSM because he participated in the amphibious and air landing of Task Force Oregon.  He says he is due the other service medals he requests because they were authorized after he had been discharged.  (The applicant’s requests are a consolidation of five applications he has submitted between April and August 2000.)

In support of his request, he has submitted a copy of his DD Form 214 (Report of Transfer or Discharge) and compensation/ determination letters from the Department of Veterans Affairs (DVA) awarding him 100% disability for PTSD and 0% for hearing loss but granting service connection for the latter condition.

COUNSEL CONTENDS:  The record contains a letter from the counsel listed by the applicant indicating that counsel does not represent the applicant and asking that they not be furnished any correspondence regarding his applications.

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

He enlisted in the Regular Army on 28 September 1965, served in Vietnam with the 519th Military Intelligence Battalion; Headquarters, Task Force Oregon; Headquarters and Headquarters Company of the Americal Division and the 135th Military Intelligence Group between 13 March 1967 and 20 August 1968, as a military intelligence specialist/ counter intelligence agent.  He was honorably discharged on 23 August 1968.

His awards include the National Defense Service Medal, the VSM with two Bronze Service Stars, the Vietnam Campaign Medal with 1960 device, the Army Good Conduct Medal, the Meritorious Unit Commendation, the RVN Cross of Gallantry with Palm Unit Citation, the Sharpshooter Badge with Rifle Bar and the Marksman Badge with Pistol Bar.

His DD Form 214 does not show the Purple Heart as an authorized award; nor, does his Enlisted Qualification Record reflect award of the Purple Heart or that he was wounded in action.

The DVA compensation letters submitted with his application show that he was awarded 100% disability for PTSD directly related to military service.  His hearing loss to both ears is also considered service connected but rated 0% disabling and non-compensable.

The applicant previously applied to this Board for award of the Purple Heart and other unspecified unit and individual awards.  On 30 September 1998 the Board denied the Purple Heart but approved the RVN Cross of Gallantry with Palm Unit Citation, the Army Good Conduct Medal and the Meritorious Unit Commendation.

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 by a medical officer, and the medical treatment must have been made a matter of official record.  The regulation cites specific examples of wound that clearly do not qualify for award of the Purple Heart.  Include among these examples is Post traumatic stress disorders.

The same regulation shows that the Army Service Ribbon was established by the Secretary of the Army on 10 April 1981.  To be eligible for the ribbon an individual must have been an active member of the Army, Army National Guard or Army Reserve as of 1 August 1981 and/or later.

The Overseas Service Ribbon was established on 10 April 1981.  To be eligible for the this ribbon an individual must have successfully completed an overseas tour as an active member of the Army, Army National Guard or Army Reserve as of 1 August 1981 and/or later

Department of the Army Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, lists units that have been awarded campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.

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.  The applicant’s record contains no evidence and he has provided no evidence that he was wounded as a direct result of hostile action and is entitled to the Purple Heart.  PTSD is not a condition warranting the Purple Heart; neither is a tooth extraction or hearing loss unless there is evidence presented showing that the condition is directly attributable to enemy action.  No such evidence has been provided.

2.  The Unit Citation and Campaign Participation Credit Register does not show that any of the units to which he was assigned in Vietnam were awarded the Bronze Arrowhead denoting assault landing credit.  Therefore, he is not entitled to this device on his VSM. 

3.  The commemorative awards he alludes to (the RVN Defense Commemorative Medal, the Vietnam Service Commemorative Medal, the Cold War Victory Commemorative Medal, the US Army Service Commemorative Medal, the Overseas Service Commemorative Medal, the Army Overseas Ribbon and the RVN Staff Service Medal – Second Class) cannot all be identified as legitimate current awards; however, it appears that most are not commemorative medals but authorized awards listed in the awards regulation.  Nonetheless, after reviewing his record and the criteria for the awards that could be found, it was determined that he does not qualify for any of the awards requested.

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 satisfies 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

__wtm___  ___mes _  ___jea __  DENY APPLICATION

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

INDEX

CASE ID	AR2000041274	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20001116	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.  107.00		
2.		
3.		
4.		
5.		
6.