MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:           25 April 2002                   
	DOCKET NUMBER:  AR2001062105

	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. Edmund P. Mercanti		Analyst	

  The following members, a quorum, were present:

	Ms. Joann H. Langston		Chairperson	
	Mr. George D. Paxson		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 (PH).

APPLICANT STATES:  He sustained shell fragment wounds in Vietnam.  However, since he was attached to a unit in Vietnam, the paperwork concerning his wound was not expeditiously forwarded, resulting in his not receiving that decoration.

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

He was inducted on active duty on 27 August 1965, was awarded the military occupational specialty of medical specialist, and was promoted to pay 
grade E-5.  He served in Vietnam from 21 January 1966 to 10 January 1967, being assigned to an engineer battalion as an aid station attendant and then a company aid man.

On 20 July 1967 the applicant was given a separation physical examination.  Shrapnel wounds to his left upper arm and right lower leg were noted.

On 9 August 1967 General Orders Number 114 were published awarding the applicant the Good Conduct Medal (GCM).

On 5 September 1967 the applicant was honorably released from active duty.  His separation documents show that he was awarded the Vietnam Service Medal, the National Defense Service Medal, and the Vietnam Campaign Medal.

The applicant’s DA Form 20, Enlisted Qualification Record, Item 40, Wounds, is blank.

Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for wounds 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.

Department of the Army General Order Number 8, dated 1974, awarded all personnel assigned to the United States Army Vietnam from 8 February 1962 through 28 March 1973 the Republic of Vietnam Gallantry Cross Unit Citation with Palm.

DA Pamphlet 672-3 shows that the applicant’s battalion was awarded the Meritorious Unit Commendation while he was assigned to that command.  This pamphlet also shows that the applicant served in Vietnam during the Vietnam Counteroffensive and the Vietnam Counteroffensive, Phase II.  

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record and applicable law and regulations, it is concluded:

1.  While the applicant’s separation physical examination shows that he had sustained fragment wounds, there is no indication that those wounds were the result of hostile action, that those wounds required treatment by a medical officer, and the medical treatment for those wounds were made a matter of official record.  As such, there is no basis to award the applicant the PH.

2.  However, the applicant is entitled to be awarded the Republic of Vietnam Gallantry Cross Unit Citation with Palm and two bronze service stars added to his Vietnam Service Medal, and to have those awards, along with the Meritorious Unit Commendation and his GCM, added to his DD Form 214.  However, these are administrative matters and do not require the authority of the Board to accomplish.

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, St. Louis, Missouri, will be requested to award the applicant the Republic of Vietnam Gallantry Cross Unit Citation with Palm and two bronze service stars to his Vietnam Service Medal, and to issue him an amendment to his DD Form 214 which reflects these awards along with the Meritorious Unit Commendation and his GCM.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

___gdp__  ___cg ___  ___jhl ___  DENY APPLICATION

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

INDEX

CASE ID	AR	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020425	
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.		
2.		
3.		
4.		
5.		
6.