MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           25 July 2000                   
	DOCKET NUMBER:   AR2000041879

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Ted S. Kanamine		Chairperson	
	Mr. Stanley Kelley		Member	
	Mr. John H. Kern		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:  In effect, award of the Purple Heart, 1st oak leaf cluster and the Silver Star.  

APPLICANT STATES:  That the day he was to leave Vietnam he and two lieutenants hit a land mine.  He was hurt from the land mine and he should have been awarded the Purple Heart.  In reference to the Silver Star, in April 1968 his group came under enemy fire, the noncommissioned officer in charge (NCOIC) was wounded and fell to the ground where he was exposed to enemy fire.  The applicant moved back to the road and assisted in moving the NCOIC and offering medical aid even though he himself was wounded in the leg.  When he got back to the company the captain told him he awarded him the Silver Star for heroism.  He provides three letters of support from Tom (one in response to the applicant’s VA claim and two for his application to the Board).

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

He was inducted into the Army on 5 September 1967.  He completed basic combat training and advanced individual training and was awarded military occupational specialty (MOS) 64A (Light Vehicle Driver).  His MOS was later changed to 51K (Plumber).

The applicant arrived in Vietnam on 15 February 1968.  He was assigned to company B, 84th Engineer Battalion (Construction) where he performed duties as a light vehicle driver and as a plumber.  

The applicant’s DA Form 20, Personnel Qualification Record, shows he had received minor fragmentation wounds to the left leg on 23 April 1968.

General Order 802, Headquarters 18th Engineer Brigade dated 16 September 1968 awarded the applicant the Army Commendation Medal for Heroism for his actions on 24 April 1968.  While on an inspecting party, his group came under enemy fire.  The NCOIC had fallen wounded on the highway and was fully exposed to enemy fire.  Without regard for his personal safety, the applicant moved back to the road and assisted in moving the wounded man to a less exposed position.

The applicant departed Vietnam on or about 9 February 1969.  He was released from active duty on 12 September 1969.

On 13 May 1994, the applicant’s DD Form 214 was corrected to add the Purple Heart, the Army Commendation Medal with “V” device, the Meritorious Unit Citation, and the Republic of Vietnam Gallantry Cross with Palm.

In one support letter, Tom states “…and I don’t remember all that happened.  You were wounded and I thought you were awarded a medal.  I don’t recall what kind…”

In the second support letter, Tom mentions mostly current, personal matters and the fact that he may ask the applicant for help in his requesting a Purple Heart for himself.  Tom further states “…It’s hard to remember so long ago what happened to someone else, even what happened to me is cloudy…”

In Tom’s support letter for the applicant’s VA claim, he states “…I do remember him getting wounded and a time when he saved a soldier from I believe snipers on the road.  The CO was going to recommend the Silver Star which would have been the first for our Engr company.   Toward the end of our tour Bill was driving for the XO I believe and they hit a mine in the road.  I don’t remember if they were hurt other than Bill complaining about his ears…”

Army Regulation 600-8-22 provides policy and criteria concerning individual military decorations.  In pertinent part, it states that the Purple Heart is awarded to any member of an Armed Force who has been wounded or killed in any action against an enemy of the United States.  The wound must have required treatment by a medical officer and records of medical treatment for wounds or injuries received in action must have been made a matter of official record.  

Army Regulation 600-8-22 states that the Silver Star is awarded to a person who is cited for gallantry in action against an enemy of the United States while engaged in military operations involving conflict with an opposing foreign force.  The required gallantry must have been performed with marked distinction.  The award of the Army Commendation Medal may be made to any member who distinguishes himself by heroism.  “Gallantry in action” is defined as spirited and conspicuous acts of heroism and courage.  “Heroism” is defined as extreme courage demonstrated in attaining a noble end.  Under wartime conditions, the approval authority for award of the Silver Star is normally the commanding general of a U. S. Army Force serving in the rank of general.  It may be delegated to the senior army commander of a separate force in the rank of lieutenant general.  The approval authority for award of the Army Commendation Medal is normally the senior army commander of a separate force in the rank of lieutenant general.  It may be delegated to the commanding generals of separate units who are serving in the rank of major general or brigadier generals serving in major general positions and may be further delegated to colonel-level commanders.

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 this requirement.

2.  The applicant does not provide evidence to substantiate his contention that he met the criteria for award of the Purple Heart 1st oak leaf cluster.  He states he was hurt in a land mine accident on his last day in Vietnam but does not state how he was hurt or what treatment he received.  The only supportive statement in the three supporting letters provided mentions only that the individual did not remember if the applicant was hurt other than the applicant complaining about his ears.  Unless the applicant can provide evidence to show that his injuries required treatment by a medical officer, the Board concludes that he did not meet the criteria for award of the Purple Heart.

3.  The Board acknowledges that the applicant may have been recommended for award of the Silver Star.  A company commander may recommend a soldier for any award he believes appropriate; however, it is the award approval authority’s right to approve, disapprove, or downgrade the recommended award.  The evidence of record shows that the approval authority only approved award of the Army Commendation Medal with “V” device.

4.  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

__tsk___  __sk____  __jhk___  DENY APPLICATION

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

INDEX

CASE ID	AR2000041879	
SUFFIX		
RECON		
DATE BOARDED	20000725	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0007	
2.	107.0015	
3.		
4.		
5.		
6.