MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           10 October 2001                   
	DOCKET NUMBER:   AR2001058715

	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. Luther L. Santiful		Chairperson	
	Mr. Joe R. Schroeder		Member	
	Mr. Charles Gainor		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.

APPLICANT STATES:  That on or about 25 June 1971, his unit was preparing to bed down for the night.  Claymore mines had been posted around their perimeter.  Shortly afterwards, a claymore exploded and probing AK-47 shots were fired.  The squad leader requested artillery fire on the location of the claymore explosion.  One artillery round fell short and fell amongst his squad.  He felt pain and burning as a piece of hot metal penetrated his left leg.  He, as the unit medic, treated the more seriously wounded until they could be evacuated.  He then treated his own leg wound and remained with his squad until other personnel could be brought out.  He received an Army Commendation Medal (ARCOM) for this action.  He provides the ARCOM orders as supporting evidence but does not have the narrative.

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

He enlisted in the Regular Army on 30 October 1969.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 91B (Medical Specialist).

The applicant arrived in Vietnam on or about 2 November 1970 and was assigned to Headquarters and Headquarters Company, 4th Battalion, 3d Infantry as a senior medical aidman.  He departed Vietnam on 21 October 1971.  He had been awarded the ARCOM on General Orders (GO) 05792, Headquarters, 23d Infantry Division dated 25 May 1971 and the ARCOM (later amended to read ARCOM 1st oak leaf cluster) on GO 8441, Headquarters, 23d Infantry Division dated 26 July 1971 for meritorious achievement on 25 June 1971.  He was also awarded the Bronze Star Medal on GO 10182, Headquarters, 23d Infantry Division dated 11 September 1971.  None of the narratives for any of these awards are filed in his records.  His Enlisted Qualification Record, DA Form 20, item 40 does not show that he was wounded in action and his service medical records are not available.

The applicant was awarded the Army Good Conduct Medal on GO 66, Fort Carson Medical Department Activity dated 18 October 1972.

On 27 October 1972, the applicant was released from active duty.  His Report of Transfer or Discharge, DD Form 214, lists only one ARCOM and does not list the Bronze Star Medal or the Army Good Conduct Medal.

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 by a medical officer, and the medical treatment must have been made a matter of official record.  Individuals wounded or killed as a result of “friendly fire” in the “heat of battle” will be awarded the Purple Heart as long as the “friendly” projectile or agent was released with the full intent of inflicting damage or destroying enemy troops or equipment.

A review of unit historical files indicated that the 4th Battalion, 3d Infantry was  part of the 11th Infantry Brigade of the 23d Infantry Division from 15 February 1969 until August 1971.  A review of the S-1 (personnel) 11th Brigade Staff    Duty journals for the period 24 – 26 June 1971 failed to identify the applicant     as being a casualty.  The journal for 26 June 1971 identified three casualties;   the applicant was not one of those named.  There is nothing in the S2/3 (intelligence/operations) Staff Duty journals for the period 24 – 26 June 1971 showing any activities as described by the applicant.

Department of the Army Pamphlet 672-3 shows that the 4th Battalion, 3d Infantry was awarded the Republic of Vietnam Gallantry Cross with Palm for the period   8 February – 30 April 1971.  Headquarters and Headquarters Company, 4th Battalion, 3d Infantry was awarded the Republic of Vietnam Gallantry Cross with Palm for the period 1 April – 30 June 1971.  It states that not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual.  Although multiple awards of this unit citation badge are not authorized, official military personnel and historical records will indicate all awards received.

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 Board is cognizant of the applicant’s exemplary service in Vietnam as shown by his award of two Army Commendation Medals and the Bronze Star Medal.  The Board also notes that his company’s and battalion’s award of the Republic of Vietnam Gallantry Cross with Palm during the time period concerned confirms that his unit was heavily involved in enemy action at the time.  However, the narrative to the ARCOM 1st oak leaf cluster is not available and there is no other evidence of record to corroborate his being wounded in action.  His uncorroborated statement is insufficient to grant award of the Purple Heart.  

2.  The Board notes that the applicant’s DD Form 214 does not reflect his award of the ARCOM 1st oak leaf cluster, Bronze Star Medal, Army Good Conduct Medal, and Republic of Vietnam Gallantry Cross with Palm.

3.  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 Army Review Boards Agency, Support Division, will be directed to administratively correct the applicant’s records by amending his DD Form 214 to 
add the Bronze Star Medal, the Army Commendation Medal 1st oak leaf cluster, the Army Good Conduct Medal, and two awards of the Republic of Vietnam Gallantry Cross with Palm.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

___lls__  __jrs___  __cg____  DENY APPLICATION

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

INDEX

CASE ID	AR2001058715	
SUFFIX		
RECON		
DATE BOARDED	20011010	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.