MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:             25 June 2002
	DOCKET NUMBER:     AR2002070242

	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. Walter Avery, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Elzey J. Arledge, Jr.		Member	
	Mr. Thomas Lanyi		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 military records be corrected to show he is entitled to the Purple Heart.

APPLICANT STATES:  That he is entitled to the Purple Heart for an injury he received in 1969, while engaged in combat in Vietnam.  

In support of his request, he submits a DA Form 2173, Statement of Medical Examination and Duty Status. 

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

He was inducted on 14 September 1967.  He was trained as an artilleryman, and achieved the rank of specialist.  He served in the Republic of Vietnam (RVN) from 29 July 1968 to approximately 25 July 1969 and was honorably separated from active duty on 28 July 1969.

His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) reflects that he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, the Army Commendation Medal, the Good Conduct Medal and the Meritorious Unit Citation.  The Purple Heart is not listed as an authorized award. 

The applicant’s DA Form 20 (Enlisted Qualification Record) does not show any entry in item 40 (Wounds) or list the Purple Heart in item 41 (Awards and Decorations).  Awards listed in item 41, but not on his DD Form 214, are the RVN Gallantry Cross with Palm, two Overseas Bars, and the Marksman Badge with rifle bar.

The DA Form 2173 reflects that on 5 May 1969, in the RVN, the applicant was ramming a projectile when his little finger was caught between the rammer staff and the breech, lacerating his finger.

Army Regulation 600-8-22 (Military Awards) 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, and the medical treatment must have been made a matter of official record.

The same regulation provides that one bronze service star is authorized for the Vietnam Service Medal for each campaign when assigned or attached to and present for duty with a unit during the period in which it participated in combat, or was under order to such unit in a combat zone.  Based on the applicant’s dates of service in Vietnam, he participated in four campaigns of the Vietnam War.

Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows the unit to which the applicant was assigned, the 1st Battalion of the 30th Artillery, was cited for award of the RVN Gallantry Cross with Palm Unit Citation for the period May 1969 to February 1970 by Department of the Army General Orders Number 11, dated 1973 and the RVN Civil Actions Honor Medal-First Class for the period 1 January 1969 through 1 February 1970 by Department of the Army General Orders Number 42, dated 1972.

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 DA Form 2173 submitted in support of his request for the Purple Heart shows that his injury was incurred while loading a projectile and as such does not meet the criterion for award of the Purple Heart.  

2.  Accidental injuries, even though they may occur in a combat zone, that are not directly attributable to an act of the enemy, are not considered wounds received in action and do not entitle the individual to the Purple Heart.

3.  Nonetheless, in reviewing his case it was noted that he is entitled to the RVN Gallantry Cross with Palm Unit Citation, the RVN Civil Actions Honor Medal-First Class, the Vietnam Service Medal with four bronze service stars, two Overseas Bars, and the Marksman Badge with rifle bar.  Accordingly, the Army Review Board Agency Support Division, St. Louis will be requested to issue him a correction to his separation document reflecting these awards.

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, St. Louis will be requested to provide the applicant with a correction to his separation document 
which shows he was awarded the RVN Gallantry Cross with Palm Unit Citation, the RVN Civil Actions Honor Medal-First Class, the Vietnam Service Medal with four bronze service stars, two Overseas Bars, and the Marksman Badge with rifle bar.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__jns____  ___eja___  ___tl ___  DENY APPLICATION

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

INDEX

CASE ID	AR2001063626	
SUFFIX		
RECON		
DATE BOARDED	20020625	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION		
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.