MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:           16 May 2002                   
	DOCKET NUMBER:   AR2001064397

	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:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Roger W. Able		Member	
	Ms. Paula Mokulis		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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show award of the Purple Heart (PH).

APPLICANT STATES:  That he was wounded in September 1966 and that he was never awarded the PH.  He submits in support of his request a copy of a DA Form 8-274 (Medical Condition-Physical Profile Record), dated 6 September 1966, showing a gunshot wound to his right thigh.

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

His initial period of active military service began on 26 July 1950 when he enlisted in the Regular Army (RA) for 3 years.  He served in military occupational specialty (MOS) 71745, Light Weapons Infantryman, until he was honorably released on 25 July 1953.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214 shows that he was awarded the Parachute Badge.  It does not show award of the National Defense Service Medal (NDSM).

On 8 October 1953, the applicant reenlisted in the RA for 6 years and served continuously until he was honorably retired and transferred to the United States Army Reserve (Retired) on 31 May 1972.  He served in MOS 11F (Infantry Operations and Intelligence Specialist).  During this period of service, he served in the Republic of Vietnam from 6 January 1962-11 April 1962, from 10 July 1963-23 December 1963, from 15 May 1966-14 May 1967, from 17 August 1968-19 July 1969 and from 12 June 1971-23 October 1971.  

The DA Form 8-274 that the applicant submitted shows that, on 6 September 1966, he was granted a temporary physical profile that limited him to perform light duty due to a gunshot wound to his right thigh.

A Line of Duty Investigation, dated 16 January 1967, indicates that on 30 August 1966, the applicant drove a Jeep from Camp Vinh Thanh, Vietnam, to the drop zone where he was to coordinate an airdrop.  Upon dismounting from the jeep, his holstered pistol struck the steering wheel and accidentally discharged.  The bullet hit him in the right thigh.  Although self-inflicted, the injury was determined to be in the line of duty.  No wounds are shown in Item 40 (Wounds) on the applicant's DA Form 20 (Enlisted Qualification Record). 

The applicant's DD Form 214 issued on 31 May 1972 reflects that he was awarded the Silver Star, the Silver Star with 1st Oak Leaf Cluster, the National Defense Service Medal, the Good Conduct Medal, the Vietnam Service Medal, the RVN Campaign Medal with 60 Device, the Presidential Unit Citation, the Meritorious Unit Citation, the RVN Gallantry Cross with Palm Unit Citation, 6 Overseas Service Bars, the Combat Infantryman Badge, the Parachutist Badge, the Master Parachutist Badge, the Royal Thai Army Parachutist Badge and the Royal Thai Army Fourragere.   

Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart (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.

Army Regulation 600-8-22 provides in pertinent part, that the NDSM is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, and 2 August 1990 through 30 November 1995.  To signify receipt of a second or subsequent award of the NDSM, a service star will be worn on the service ribbon.

Army Regulation 600-8-22, also authorizes award of a bronze service star (BSS), based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized BSS's will be worn on the appropriate service medal.  The silver service star (SSS) is worn in place of five BSS's.  The applicant participated in the following campaigns:  The Vietnam Advisory, Vietnam Counteroffensive, Vietnam Counteroffensive Phase II, Vietnam Summer-Fall 1969, Vietnam Counteroffensive Phase V and Vietnam Counteroffensive Phase VII.

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 relative to awarding the PH.

2.  The available evidence corroborates the applicant's contention that he sustained a gunshot wound to his right thigh.  However, he was injured due to an accidental discharge of his sidearm.  There is no evidence available to indicate that he was ever wounded as a result of hostile action.

3.  To be awarded the PH, 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 award of the PH.

4.  The applicant is authorized award of the NDSM for his period of service between 26 July 1950-25 July 1953.  He is also authorized one BSS for wear on the service ribbon to denote a second award of the NDSM.

5.  The applicant is authorized award of the SSS and one BSS for wear on his VSM due to the fact that he participated in six campaigns while in the RVN.

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

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 correct his DD Form 214 issued on 25 July 1953 to show in Item 27 that he was awarded the NDSM.  Also furnish the individual concerned a DD Form 215 to correct his DD Form 214 issued on 31 May 1972 to show that he was awarded the SSS and one BSS for wear on his VSM and one BSS for wear on his NDSM.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__fne____  ___pm __  ___rwa __  DENY APPLICATION

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

INDEX

CASE ID	AR2001064397	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020516	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19720531	
DISCHARGE AUTHORITY	Title 10, USC 3914 	
DISCHARGE REASON	A03.00	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.