MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           8 March 2001
	DOCKET NUMBER:  AR2000045090

	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. Roger W. Able		Chairperson	
	Ms. Barbara J. Lutz		Member	
	Mr. William D. Powers 		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 for injuries received in combat in the Republic of Vietnam (RVN).

APPLICANT STATES:  In effect, that he was wounded in the Republic of Vietnam (RVN).  He claims, that he was in two helicopter crashes while serving as a door gunner and received an injury in each, but was only wounded by shrapnel in one of the incidents.  After he returned from the RVN, he was bitter and confused, which delayed him in getting his life together.  He states, even today, that he takes it a day at a time.  Therefore, he feels that he should have been awarded the Purple Heart.  In support of his request, he submits extracts from the Vietnam Helicopter Pilots Association Historical Reference Directory, Volume 1, highlighting two helicopter crashes that he claims he was involved with on 18 and
26 November 1963 (he was supposedly injured by shrapnel in the incident on
18 November 1963).  He also submits a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), issued on 24 August 1965.

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

On 30 August 1962, he enlisted in the Regular Army for 3 years, with the consent of father.  Upon completion of all required military training, he was awarded military occupational specialty (MOS) 13B (Cannon Crewmember).  He was then transferred to Hawaii in January 1963 where he served with the 8th Artillery Regiment.  In September 1963, he was transferred to the RVN where he served with an aviation company for 3 months as a door gunner.  He returned to Hawaii in December 1963 and served the remainder of his service as a cannoneer with Battery C, 1st Battalion, 8th Artillery.  He was sent to Oakland, California, for discharge processing in August 1965.

There are no individual medical records in his file, but a DA Form 1811 (Physical and Mental Status on Release from Active Service), dated 24 August 1965, which shows his physical profile as 1 1 1 1 1 1 A.  He was considered physically fit for separation or reenlistment without reevaluation within 90 days.

On the same date, he was honorably separated and transferred to the United States Army Reserve (USAR) for completion of his service obligation.  He was credited with 2 years, 11 months and 25 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 22 August 1967.

The applicant’s DD Form 214, Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) completed at the time of separation, shows the award of the Air Medal with three Oak Leaf Clusters, the Good Conduct Medal 1st Award, the Armed Forces Expeditionary Medal (RVN) and the Marksman (Rifle) and the Expert (Rifle).  His DD Form 214, does not show the award of the Purple Heart.  

His DD Form 214, in item 27 (Wounds Received as a Result of Action with Enemy Forces) the word “NONE” is shown.  Further, the Department of the Army Master Casualty Roster does not show that the applicant received any combat wounds or injuries while he was in the RVN in the fall of 1963.  

His records also contains a copy of a DA Form 1577, (Authorization for Issuance of Awards) from the Army Reserve Personnel Center, St. Louis, Missouri dated 
30 May 1991, which shows that he was entitled to award of the Air Medal with the 
Numeral "4" (replaces oak leaf clusters on the Air Medal), the Good Conduct Medal, the National Defense Service Medal, the Expert Marksmanship Qualification Badge with Rifle Bar (instead of Expert (Rifle)) and the Marksman Marksmanship Qualification Badge with Automatic Rifle Bar (instead of the Marksman (Rifle)).  Again, no entitlement to the award of the Purple Heart was indicated.  

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.

Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation Badge by Department of the Army General Order Number 8, dated 1974.

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's military records fails to show that he was awarded the Purple Heart for any injury or that he underwent medical treatment for wounds received as a result of hostile action while in the RVN between September and December 1963.  Further, the Department of the Army Master Casualty Roster fails to show that the applicant ever received an injury while in the RVN.  

3.  The Board noted the highlighted entries on the Vietnam Helicopter Pilots Association Historical Reference Directory, especially the entries for 18 and 
26 November 1963, submitted by the applicant.  However, these entries only make reference to US Army Helicopter accidents on those dates, with a listing of the crew members names, to include the applicant's name.  Further, there is no indication that the crew incurred any injuries or were hospitalized due to wounds received because of hostile action by enemy fire.  Therefore, this reference document is not sufficient by itself for award of the Purple Heart.

4.  Accordingly, the Board concludes that there is no basis to award the applicant the Purple Heart.

5.  Notwithstanding this conclusion, he is entitled to administrative action to correct his DD Form 214 to show the following awards:  the Good Conduct Medal (First Award); the Air Medal with Numeral “4” (in place of the Air Medal with 3 Oak Leaf Clusters); the National Defense Service Medal; the Armed Forces Expeditionary Medal (Vietnam); the Expert Marksmanship Qualification Badge with Rifle Bar (in place of the Expert (Rifle)); the Marksman Marksmanship Qualification Badge with Automatic Rifle Bar (in place of the Marksman (Rifle) or (Automatic Bar)); and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

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 26, that he was entitled to the following awards:  The Good Conduct Medal (First Award); the Air Medal with Numeral “4”; the National Defense Service Medal; the Armed Forces Expeditionary Medal (Vietnam);

the Expert Marksmanship Qualification Badge with Rifle Bar; the Marksman Marksmanship Qualification Badge with Automatic Rifle Bar; and the Republic of Vietnam Gallantry Cross with Palm Unit Citation Badge.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__rwa___  __bjl____  __wdp ___  DENY APPLICATION

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

INDEX

CASE ID	AR2000045090	
SUFFIX		
RECON		
DATE BOARDED	200010308	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19650830	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON	Transferred to USAR	
BOARD DECISION	DENY	
REVIEW AUTHORITY	DIRECTOR	
ISSUES         1.	A107.00	
2.	A107.61	
3.		
4.		
5.		
6.