MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           15 January 2002     
	DOCKET NUMBER:   AR2001060382

	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. Rosa M. Chandler		Analyst	

  The following members, a quorum, were present:

	Ms. Irene N. Wheelwright		Chairperson	
	Mr. Hubert O. Fry, Jr.		Member	
	Mr. Donald P. Hupman, Jr.		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 his records be corrected to show award of the Purple Heart (PH).

APPLICANT STATES:  That while he was assigned to the Republic of Vietnam (RVN), his battalion suffered 150 soldiers killed in action and many more injured during a particularly severe engagement.  At the time, he felt very fortunate that he only received a minor flesh wound.  Therefore, when his unit commander told him that he would be put in for award of the PH, he stated that he would not accept it.  Now that he is older, he would like to have the PH to pass on to his grandson.  In support of his request, he submits a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

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

That he was inducted into the Army of the United States on 12 July 1966.  Upon completion of all required military training, he was awarded military occupational specialty (MOS) 11C (Indirect Fire Crewman) and sent to the RVN.  He served in Vietnam from 16 December 1966 to 15 December 1967 with Company B, 1st Battalion, 16th Infantry.

The applicant's DA Form 20 (Enlisted Qualification Record) reflects "None" in Item 40 (Wounds).  The applicant received a physical evaluation when he was separated.  His Standard Form 88 (Report of Medical Examination), dated 26 June 1968, found him qualified for separation and failed to note any wounds or injuries incurred due to hostile action.

On 5 July 1968, the applicant was honorably separated and transferred to the United States Army Reserve.  His DD Form 214 shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal (VSM) with one bronze service star (BSS), the Vietnam Campaign Medal and the Combat Infantryman Badge.

There is no evidence of derogatory information in the applicant's records nor is there any evidence to show that he was disqualified by his unit commander for award of the GCMDL.  

The applicant is also entitled to award of a second BSS for wear on the VSM.

Army Regulation (AR) 600-8-22 (Military Awards) 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:  (1) the wound was the result of hostile action; (2) the wound required medical treatment; and (3) the medical treatment was made a matter of official record.

AR 600-8-22 provides that the Good Conduct Medal (GCMDL) is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the GCMDL, disqualification must be justified.

AR 600-8-22 also authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of that regulation and states that authorized bronze service stars will be worn on the appropriate service medal to include the VSM.  According to the applicant's records, he served in Vietnam during two campaigns and is, therefore, entitled to a second BSS for his VSM.

Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows that the applicant's unit was cited for award of the RVN Gallantry Cross with Palm Unit Citation, for the period 12 July 1965 to
16 October 1968 by Department of the Army General Order Number 21, dated 1969; and the RVN Civil Actions Honor Medal, First Class for the period 1 October 1965-7 April 1970 by Department of the Army General Order Number 53, dated 1970.  The applicant's DD Form 214 does not show these awards as authorized awards because they were awarded to his unit after he had been discharged.

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.  To be awarded the Purple Heart, the applicant would have to show that he was wounded and that:  (1) the wound was the result of hostile action; (2) the wound required medical treatment; and (3) the medical treatment was made a matter of official record.  There is no such substantiating proof in the record, nor has the applicant provided any that show he was ever wounded as a result of hostile action.  Therefore, no basis has been established for awarding the PH.

3.  In view of the foregoing, there is no basis for granting the applicant's request.

4.  There is no evidence in the record of any misconduct by the applicant, nor is there evidence that his unit commander ever sought to deny him the award of the GCMDL.  Therefore, he is entitled to award of the GCMDL.  
5.  The applicant is also entitled to correction of his record to show award of two BSS's for wear on the VSM, the RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal, First Class.  It would now be appropriate to administratively correct the applicant's record accordingly.

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, Support Division, St. Louis furnish the individual concerned a DD Form 215 (Correction to DD Form 214) to show in Item 24 that he was awarded the GCMDL, two BSSs for wear on the VSM, the RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal, First Class.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__INW___  __HOF      __DPH__  DENY APPLICATION

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

INDEX

CASE ID	AR2001060382	
SUFFIX		
RECON	 	
DATE BOARDED	20020115	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR635-200 	
DISCHARGE REASON	A03.00	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.