MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           2 August 2001
	DOCKET NUMBER:   AR2001057593

	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. Michael L. Engle		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond J. Wagner		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Mr. John P. Infante		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, that his military records be corrected to show award of the Purple Heart (PH).

APPLICANT STATES:  In effect, that he was awarded the PH for being knocked unconscious when an ammunition dump exploded in Quan Tri, Republic of South Vietnam (RVN).  He states that the Veterans Administration ‘s regional office in Anchorage, Alaska, has his records; however, he did not include any evidence with his application.

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

He was inducted into the Army on 8 September 1967 for 2 years.  He successfully completed his initial training and was assigned to the 1st Battalion, 8th Cavalry Regiment, 1st Cavalry Division (Airmobile), in the RVN, for duty as a light vehicle driver (64A).  He attained the rank of specialist four and was honorably separated from active duty on 3 October 1969.  He completed 1 year, 11 months and 29 days of creditable active service.

The applicant’s Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) lists in Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons) the National Defense Service Medal, the Vietnam Service Medal (VSM) with two bronze service stars, and the Vietnam Campaign Medal (VCM) with Device (1960).

Department of the Army General Orders 59, dated 1969, announced award of the RVN Gallantry Cross with Palm Unit Citation Badge to the 1st Battalion, 8th Cavalry Regiment during the period 9 August 1965 to 19 May 1969.

Department of the Army General Orders 42, dated 1972, announced award of the RVN Civil Actions Honor Medal, First Class, to the 1st Battalion, 8th Cavalry Regiment for the period 1 January1969 to 1 February 1970.

Army Regulation 600-8-22 provides, in pertinent part, that the PH 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.

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 military medical records were not available to the Board for review.  Lacking supporting medical evidence, there is a rebuttable presumption that what the Army did in the applicant’s case was correct. 
2.  In order for the Board to make a determination of his entitlement to award of the PH, it would require copies of the applicant’s official Army records showing that he received a wound as a result of hostile action, and that it required medical treatment.  Therefore, the Board cannot grant entitlement to the PH.

3. The applicant served with the 1st Battalion, 8th Cavalry Regiment during the time it was awarded the RVN Civil Actions Honor Medal, First Class, and the RVN Gallantry Cross with Palm Unit Citation Badge, and is therefore entitled to these awards.  Administrative action should be taken to correct his records to add these awards.

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 ARBA Support Division, St. Louis, will be requested to administratively correct the applicant’s records to show award of the RVN Civil Actions Honor Medal, First Class, and the RVN Gallantry Cross with Palm Unit Citation Badge.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__RJW   _  __BJE  __  __JPI___  DENY APPLICATION

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

INDEX

CASE ID	AR2001057593	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/08/02	
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.