MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:          3 October 2002
	DOCKET NUMBER:   AR2002069159

	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. Irene N. Wheelwright		Chairperson	
	Mr. Walter T. Morrison		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 and clusters to his Air Medal.

APPLICANT STATES:  That he was wounded in the leg by fragments from a round coming through the ramp door while on a medical evacuation mission.  He was told he was put in for the Purple Heart.  He provides his Report of Transfer or Discharge, DD Form 214, as supporting evidence.

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

That he enlisted in the Regular Army on 12 September 1962.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 67A (Aircraft Repairman).

Apparently the applicant's unit, the 92d Aviation Company, was transferred to Vietnam and arrived on or about 23 October 1964.  He was awarded the basic Air Medal for the period 17 November 1964 - 14 January 1965 and the Army Commendation Medal.  He was awarded the Army Good Conduct Medal on General Orders 808, U. S. Army Support Command, Vietnam dated 5 June 1965.
He departed Vietnam on 30 August 1965 after being credited with two campaigns.  He was released from active duty on 31 August 1965.  His DD Form 214 shows he was awarded the Sharpshooter Qualification Badge Rifle M-14, the Air Medal, the Armed Forces Expeditionary Medal, and the Army Commendation Medal.

On 23 January 1970, the applicant's DD Form 214 was amended to delete the Armed Forces Expeditionary Medal and to add the Vietnam Service Medal and the Republic of Vietnam Campaign Medal.

Army Regulation 600-8-22 provides for award of the Purple Heart 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 award of the Air Medal to any person who will have distinguished himself while participating in aerial flight.  It is primarily intended to recognize those personnel who are on current crewmember or noncrewmember flying status which requires them to participate in aerial flight on a regular and frequent basis in the performance of their primary duties.  Involvement in such activities serves only to establish eligibility for award 

of the Air Medal; the degree of heroism, meritorious achievement, or exemplary service determines who should receive the award.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  It also provides for the wear of one bronze service star on the appropriate service medal for each credited campaign.

Department of the Army Pamphlet 672-3 shows that the 92d Aviation Company was awarded the Meritorious Unit Commendation for the period October 1964 through December 1966.  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.

The applicant's name does not appear on the Republic of Vietnam Casualty Roster.  A review of the historical files of the 92d Aviation Company, 14th Aviation Battalion and the U. S. Army Support Command, Vietnam failed to identify the applicant as being eligible for award of the Purple Heart.

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.

2.  There is no evidence of record and the applicant provides none to show he was wounded in action and awarded the Purple Heart or that he was awarded more than one Air Medal.

3.  The evidence of record shows the applicant was awarded the Army Good Conduct Medal but this award was not listed on his DD Form 214.  He was assigned to a unit during a period of time that unit was awarded the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation and so is authorized to wear these unit awards.  He is eligible to wear two bronze service stars on the Vietnam Service Medal.

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.

NOTE:  The Army Review Boards Agency Support Division will be directed to amend the applicant's DD Form 214 to add the Army Good Conduct Medal, the Meritorious Unit Commendation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation and to show he is authorized to wear two bronze service stars on the Vietnam Service Medal.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__INW__  ___WTM___  __CG  __  DENY APPLICATION

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

INDEX

CASE ID	AR2002069159	
SUFFIX		
RECON		
DATE BOARDED	2002/10/03	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.	107.0018	
3.		
4.		
5.		
6.