MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           22 October 2002
	DOCKET NUMBER:   AR2002070270

	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:

	Mr. Fred N. Eichorn		Chairperson	
	Ms. Shirley L. Powell		Member	
	Mr. Elzey J. Arledge, Jr.		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 for wounds received on 15 July 1967.

APPLICANT STATES:  That he was shot in the chest.  An x-ray performed by the Department of Veterans Affairs (VA) shows shrapnel still in his chest.  He provides his Report of Transfer or Discharge, DD Form 214; extracts from his service medical records; and a VA Rating Decision dated 3 April 2002 as supporting evidence.

COUNSEL CONTENDS:  Counsel makes no additional contention.

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

He was inducted into the Army on 1 November 1965.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 11D (Armor Intelligence Specialist).

The applicant’s unit, Troop E, 2d Squadron, 11th Armored Cavalry Regiment (ACR), was reassigned to Vietnam and arrived in that country on or about           20 August 1966.

The provided extracts from the applicant’s service medical records show he was treated on 17 July 1967 for a possible foreign object in his chest.  The entry reads in part, “…was on a mission firing at VC…Received presternal wound        2 days ago from missile of unknown type.  Was not under hostile fire at the time…”

The applicant departed Vietnam on 3 August 1967 after being credited with two campaigns.  He was released from active duty on 4 August 1967.  His DD Form 214 shows he was awarded the National Defense Service Medal, the Combat Infantryman Badge, the Army Good Conduct Medal, the Vietnam Campaign Medal with device 1960, the Vietnam Service Medal, and the Sharpshooter Qualification Badge Rifle M-14.  His Enlisted Qualification Record, DA Form 20, item 40, Wounds, does not show that he was wounded.

The VA Rating Decision document provided by the applicant shows that he was granted service connection for a chest scar, shrapnel wound residuals.  

Records at the U. S. Total Army Personnel Command revealed that the applicant was not on the Republic of Vietnam Casualty Roster.

The historical files of Troop E, 2d Squadron, 11th ACR were reviewed at the National Archives, College Park, MD.  The review failed to identify the applicant as being eligible for award of the Purple Heart.  The Staff Duty Journal for 15 July 1967 for the 2d Squadron, 11th ACR noted that there was no enemy contact at all on that date.  

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 also provides for the wear of a bronze service star on the appropriate service medal for each credited campaign.

Department of the Army Pamphlet 672-3 shows that the 2d Squadron, 11th ACR was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 7 September 1966 – 10 August 1968.

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 Board notes that there are contradicting statements in the applicant’s service medical records concerning how he received the injury to his chest.  However, the Staff Duty Journal for the 2d Squadron, 11th ACR for 15 July 1967 corroborates the entry indicating the applicant was not under hostile fire.  Therefore, there is insufficient evidence to show he met the eligibility criteria for award of the Purple Heart.

2.  The applicant met the eligibility criteria to wear two bronze service stars on the Vietnam Service Medal.  In addition, he was assigned to a unit during a period of time that unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and so is eligible to wear this unit award.

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 eligible to wear two bronze service stars on the Vietnam Service Medal.  

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

_ _FNE  _  __SLP__  ___EJA__  DENY APPLICATION

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

INDEX

CASE ID	AR2002070270	
SUFFIX		
RECON		
DATE BOARDED	2002/10/22	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.