MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           30 November 2000                   
	DOCKET NUMBER:   AR2000046283

	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. John N. Slone		Chairperson	
	Ms. Celia L. Adolphi		Member	
	Mr. Thomas Lanyi		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 he be awarded the Purple Heart and any other medals to which he is entitled.

APPLICANT STATES:  In a 10 January 1989 letter to his Congressman that he was wounded while at the Saigon Port on the second day of the TET Offensive.  A Viet Cong had zeroed in on him with an automatic rifle.  One of the bullets ricocheted off a cement buttress and the large part of the bullet went into his upper chest and lodged in a rib; two other parts of the bullet went into his forehead and face under the left eye.  He fought all night.  The next morning he was told he had been hit; his shirt was soaked in blood and his face was covered with blood and dirt.  A medic never looked at him.  The sergeant major told him to get cleaned up and get some rest.  In a 6 June 2000 letter to his Veterans Services Representative, he stated that he was wounded in the face with two bullet fragments, the main part of the slug entering his chest, striking a rib and bouncing out again, leaving two holes in his chest.  Also, his left ear was blown out by a Chinese rocket that blew up under a pontoon bridge he was on.  He provides five short stories he wrote, which he contends are true stories, as evidence.

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

He enlisted in the Regular Army on 29 November 1965.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 71L (Administrative Specialist).

The applicant arrived in Vietnam on or about 20 May 1967 and was assigned to Headquarters and Headquarters Company, 125th Transportation Command as a clerk typist and as an administrative specialist.  He departed on 5 May 1968.  

The applicant was honorably released from active duty on 30 August 1969.  His Personnel Qualification Record, DA Form 20, shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal with 3 bronze service stars (showing he was credited with serving during three campaigns), the Republic of Vietnam Campaign Medal with device 1960, the Sharpshooter Badge (Rifle), the Expert Badge (Machinegun), the Meritorious Unit Citation, and two overseas service bars.  His Report of Transfer or Discharge, DD Form 214, lists all these awards except the Expert Badge (Machinegun).  

On the applicant’s separation Report of Medical History, SF Form 89, he noted  that he was in excellent health.  In item 33 he checked that other than treatment for rabies and colds he had never had any illness or injury.

An Authorization for Issuance of Awards, DA Form 1577, dated 25 July 2000 authorized the applicant all the awards listed on his DA Form 20 (to include the Expert Badge (Machinegun)).

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.

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.  There is no evidence of record to show that the applicant was wounded.  He stated in his January 1989 letter to his Congressman that he was not treated for his wounds, which is one of the criteria for award of the Purple Heart.  He did not list this injury on his separation Report of Medical History, completed only 18 months after he contends he was wounded.  There is insufficient evidence to support his contention that he is entitled to award of the Purple Heart.

3.  The applicant was issued all the medals to which he is entitled.  It would be appropriate to list the Expert Badge (Machinegun) on his DD Form 214.

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.

NOTE: The applicant’s DD Form 214 does not show that he was awarded the Expert Badge (Machinegun).  Therefore, the Army Review Boards Agency, Support Division, will be directed to amend his DD Form 214 to add the Expert Badge (Machinegun).

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__jns___  __cla___  __ti____  DENY APPLICATION

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

INDEX

CASE ID	AR2000046283	
SUFFIX		
RECON		
DATE BOARDED	20001130	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.