MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           16 July 2002
	DOCKET NUMBER:   AR2002070836

	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	
	Mr. Melvin H. Meyer		Member	
	Mr. Donald P. Hupman, 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 and the Silver Star.  With regard to award of the Silver Star, the applicant has not exhausted his administrative remedies and has been advised by separate correspondence to submit a recommendation for award of these decorations under the provisions of Title 10, U. S. Code, section 1130.

APPLICANT STATES:  That, on 9 October 1967, he and another soldier were on an observation post and noticed two Vietnamese sneaking up.  A firefight started. It got quiet and they thought it was all over.  He went to get a body and a new machine gun and he felt a sting in his left eye.  He had been shot in the left eye.  He was sent back to base camp where he was sewn up by a doctor.  He was asked if he wanted a Purple Heart but he told them what they could do with it.  He did not want it.  He states he provides a picture of his wound (not available) and a 17-page battalion history as supporting evidence.  He states they were supposed to be put in for a Silver Star.

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

He was inducted into the Army on 27 January 1967.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 11C (Infantry Indirect Fire Crewman).  

The applicant arrived in Vietnam and was assigned to Company A, 1st Battalion, 16th Infantry, 1st Infantry Division on 8 June 1967.  He was reassigned to Company D, 1st Battalion, 16th Infantry, 1st Infantry Division on 25 August 1967.  He departed Vietnam on 29 June 1968.  On 20 November 1968, he completed a separation physical.  No mention is made of an eye injury on his Report of Medical Examination, SF 88.  On his Report of Medical History, SF 93, he makes no mention an eye injury although he indicates that his eyes fatigued easily and he must squint to see.  He was released from active duty on 24 January 1969.

A Veterans Administration Request for Information, VA Form 07-3101, dated     19 April 1969 shows the applicant submitted a claim for jungle rot and for a left temple injury incurred in January 1968.  A VA Form 07-3101 dated 8 October 1969 shows he submitted a supplemental claim for mashing his finger on his right hand between two steel pipes in October 1967.

Army Regulation 600-8-22 provides 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.

A review of the Republic of Vietnam Casualty Roster failed to find the applicant’s name.  A review of the historical files of Company D, 1st Battalion, 16th Infantry, 1st Infantry Division at the National Archives, College Park, MD failed to show his he was awarded the Purple Heart.

Department of the Army Pamphlet 672-3 shows that the 1st Battalion, 16th Infantry was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 12 July 1967 – 16 October 1968 and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation for the period October 1965 – 7 April1970.

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.  There is no evidence of record and the applicant provides insufficient evidence to support award of the Purple Heart.

2.  The applicant 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 the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation and so these two unit awards should be added to his Report of Transfer or Discharge, DD Form 214.

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 administratively correct the applicant’s DD Form 214 to add the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__FNE__  __MHM__  __DPH__  DENY APPLICATION

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

INDEX

CASE ID	AR2002070836	
SUFFIX		
RECON		
DATE BOARDED	2002/07/16	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.	107.0007	
3.		
4.		
5.		
6.