MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:           24 October 2002                   
	DOCKET NUMBER:   AR2002068384

	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. W. W. Osborn, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor, Jr.		Chairperson	
	Ms. Karen A. Heinz		Member	
	Ms. Barbara J. Ellis		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:  Award of the Purple Heart.

APPLICANT STATES:  That he was wounded when he was knocked from a stairway by incoming mortar or artillery rounds.  He submits copies of service medical records to show that on 15 October 1969 he was treated for a blunt laceration of the left flank.

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

He enlisted in the Kentucky Army National Guard in 1955, joined the Regular Army in 1959 and retired, as a first sergeant (E-8), due to length of service on30 September 1979.

From 31 May 1969 to 19 May 1970 he served in Vietnam as an infantry advisor. While there he was awarded the Bronze Star Medal, the Air Medal and the Combat Infantryman Badge.  He also earned the Vietnam Service Medal with four bronze service stars, The Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Campaign Medal with 1960 device.  On 5 December 1969, the Republic of Vietnam (RVN) awarded him the Staff Service Honor Medal, Second Class and, on 17 December 1969 he was authorized to wear it.  The four bronze service stars for the Vietnam Service Medal and the RVN Staff Service Honor Medal, Second Class are not shown on the applicant's DD Form 214 (Report of Separation from Active Duty).

The medical records submitted with the application show that the wound became infected and that 12 days after the injury the wound was debrided and sutured.  There is no indication in the available records that the incident was the result of enemy action and the applicant's name does not appear on the Vietnam Casualty List.

Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against an enemy or 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.

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.  Unfortunately, there is no available substantiating evidence to show that the applicant's injury was the result of enemy action.

2.  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

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 Board Agency, Support Division, ST Louis will be requested to issue a DD Form 215 (Correction to DD Form 214) to show that the applicant is entitled to the Vietnam Service Medal with four bronze service stars and the RVN Staff Service Honor Medal, Second Class

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

_RVO___  __KAH __  __BJE___  DENY APPLICATION

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

INDEX

CASE ID	AR2002068384	
SUFFIX		
RECON		
DATE BOARDED	20021024	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.