MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           14 May 2002                   
	DOCKET NUMBER:   AR2001061831

	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. Melvin H. Meyer		Chairperson	
	Ms. Kathleen A. Newman		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 medical records be corrected to show he was wounded on 20 February 1969 as a result of hostile action.

APPLICANT STATES:  On 20 February 1969 around 10:00 a.m., he was working on an oil drum.  An explosion occurred to his far right, blowing up the place where he was and engulfing it in flames.  His right leg collapsed from under him.  His warrant officer dragged him out of this inferno, placed him in a basket outside of a helicopter, and he was immediately flown to a hospital.  He later found out his warrant officer was killed in action.  Because they were receiving hostile fire every other day, he firmly believes he received his fragment wound from an incoming Viet Cong mortar round.  When asked by the doctors what happened, he just said he was working on some oil drums when everything blew up.  He provides four statements or accounts from witnesses (from Gary, Norman, Tim, and Mike), an undated, unidentified newspaper article, and a Clinical Record Cover Sheet, DA Form 8-275-2 as supporting evidence.

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

He enlisted in the Regular Army on 22 July 1968.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 44C (Welder).

The applicant arrived in Vietnam and on or about 30 January 1969 was assigned to Company D, 2d Battalion, 22d Infantry, 25th Infantry Division.  

The provided DA Form 8-275-2 indicates that the applicant received an open fracture of the right fibula when a drum blew up and he was struck by a fragment on 20 February 1969 on or about 10:00 a.m.  The injury was determined to have been incurred in the line of duty.  He was medically evacuated to the U. S. Army Hospital, Fort MacArthur, CA on 20 February 1969.  His Enlisted Qualification Record, DA Form 20, item 40, Wounds, shows he received shrapnel in the right ankle on 20 February 1969.

The applicant provides a statement from Norman, who states the only thing he heard about events at Dau Tieng in February 1969 was that the base was hit with a major ground assault and it was his understanding that quite a few men were killed in action.  Gary states that he was with Company A, 2d Battalion, 22d Infantry from October 1968 – October 1969 and, if he remembers correctly, that may have been the time the enemy got into the airport area of Dau Tieng.  Tim states that he served with Company D, 2d Battalion, 22d Infantry in Dau Tieng.  About 12:01 a.m. on 23 February 1969 Dau Tieng got hit with everything and the 

kitchen sink.  The Viet Cong and North Vietnamese tunneled in around parts of the airstrip.  Parts of the base camp were overrun and it took well into the next day to repel the attack and secure the base camp.  Mike states that he served with A Company, 2d Battalion, 22d Infantry from 1968 to 1969 and provides excerpts from letters he sent home about the period in question.  He wrote that the night of 20 February 1969 was pretty noisy.  He could hear artillery exploding not more than a mile away and watched two helicopter gun ships saturate an area with rocket and machine gun fire.  On 24 February 1969, he wrote that the 22d was the longest night he thought he ever spent.  About midnight everything started breaking loose.  Mortars started dropping on the defense perimeter and tracers from bullets were flying everywhere.  

The historical files of the 2d Battalion, 22d Infantry were reviewed for the periods 20, 22, and 23 February 1969.  The review failed to identify that Company D operated as part of the 2d Battalion, 22d Infantry.  Otherwise, the Duty Officer Log contains detailed information.  The Log for 23 February 1969, 3:08 a.m. revealed that Company B received eight to ten rounds of 82 mm mortars.  The Log for 22 February 1969, 10:10 a.m. revealed that the Company B medic was taking two soldiers who were stung by bees for treatment.  

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 states that he was injured on 20 February 1969 at 10:00 a.m.  The witness statements he provides mention action on the night of 20 February 1969 and about midnight of 22/23 February 1969 but they do not substantiate what exactly caused his injuries on the morning of 20 February 1969.

2.  The Duty Officer Logs for the 2d Battalion, 22d Infantry for this period contained detailed information but do not mention Company D once.  It cannot be determined if Company D was perhaps attached to another organization in which case the applicant’s injuries could perhaps be substantiated from researching another source at the National Archives.

3.  Although the applicant’s DA Form 20 contains an entry that he was wounded on 20 February 1969, the DA Form 8-275-2 is the primary source of information concerning his injuries.  There is no substantiating source on which to base a change to his medical records.

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.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__mhm___  __kan___  __dph___  DENY APPLICATION

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

INDEX

CASE ID	AR2001061831	
SUFFIX		
RECON		
DATE BOARDED	20020514	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	124.00	
2.		
3.		
4.		
5.		
6.