MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           29 October 2002
	DOCKET NUMBER:   AR2002068197

	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. Nancy L. Amos		Analyst	

  The following members, a quorum, were present:

	Ms. Karol A. Kennedy		Chairperson	
	Mr. Thomas A. Pagan		Member	
	Ms. Barbara J. Lutz		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 while on a combat patrol they were involved in a firefight and he received fragments from an enemy rocket-propelled grenade.  The patrol medic took care of his wounds and told him that he was “OK.”  He provides his Report of Transfer or Discharge, DD Form 214, a copy of a Certificate of Appreciation, and his Bronze Star Medal certificate and citation as supporting evidence.

COUNSEL CONTENDS:  That the applicant's unit's records should be reviewed to ascertain if he was wounded during the period 1 February - 1 May 1970.  If so, then he should be directed to obtain the medical evidence and his request be favorably considered.

EVIDENCE OF RECORD:  The applicant's military records from his Regular Army service from June 1968 – December 1970 are not available.  His records from his later U. S. Army Reserve (USAR) service are available.

The applicant’s DD Form 214 shows he enlisted in the Regular Army on 3 June 1968.  He served in Vietnam from 13 January 1970 to 10 December 1970 (during three campaigns).  He was released from active duty on 10 December 1970.  His unit at the time he separated was Headquarters and Headquarters Troop, 1st Squadron, 1st Cavalry. His military occupational specialty at the time he separated was 31B (Field Radio Mechanic).  It shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Bronze Star Medal, the Republic of Vietnam Campaign Medal, the Army Commendation Medal, the Expert Qualification Badge M-14, and "2CL GREN."

The applicant enlisted in the USAR on 7 February 1975.  His Enlisted Qualification Record, DA Form 20, from his USAR service is not complete.  It does not indicate he served in Vietnam or that he was wounded in action.  It does not list any awards and decorations.  His USAR enlistment physical Report of Medical History, SF 93, dated 23 April 1975 indicates he sprained his lower back while in Vietnam but does not indicate that he received any other type of injuries.

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.  It provides for the wear of one bronze service star on the appropriate service medal for each credited campaign.

The applicant is not listed on the Republic of Vietnam Casualty Roster.

The historical files of Headquarters and Headquarters Troop, 1st Squadron, 1st Cavalry were reviewed at the National Archives, College Park, MD.  The Staff Duty Journals' for the period named casualties day by day in most cases and also indicated if the casualty remained in the field.  The review failed to identify the applicant as being eligible for award of the Purple Heart.

Department of the Army General Orders 8, 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters,   U. S. Military Assistance Command and its subordinate units during the period    8 February 1962 to 28 March 1973 and to Headquarters, U. S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

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’s records from his Regular Army service are not available.  The available records contain no evidence to show that he was wounded in action.  He provides no documented evidence, no details (where, when), and no other substantiating evidence to show he was wounded in action.  Unfortunately, there is insufficient evidence on which to grant the applicant award of the Purple Heart.

2.  Since the applicant's records from his Regular Army service are not available, it cannot be determined what unit awards he might be eligible to wear.  However, all units assigned to Vietnam were authorized to wear the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  This award should be added to his DD Form 214.  In addition, he is authorized to wear three bronze service stars on the Vietnam Service Medal.

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 amend the applicant's DD form 214 to add the Republic of Vietnam Gallantry Cross with Palm Unit Citation and to show he is authorized to wear three bronze service stars with the Vietnam Service Medal.  

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__KAK__  __TAP__  __BJL__  DENY APPLICATION

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

INDEX

CASE ID	AR2002068197	
SUFFIX		
RECON		
DATE BOARDED	2002/10/29	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.