MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           25 June 2002                   
	DOCKET NUMBER:   AR2002070894

	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. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone 		Chairperson	
	Mr. Elzey J. Arledge 		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:  Award of the Purple Heart and the Valorous Unit Award.

APPLICANT STATES:  In effect, that he received wounds to his head and shoulder in 1966 from mortar rounds in Vietnam.  He also contends that his unit received the Valorous Unit Award on 1 August 1976 and he believes he is entitled to this award.  In support of his application, he submits an undated letter of explanation; two letters from counselors at the Louis Stokes Cleveland Department of Veterans Affairs (DVA) Medical Center in Mansfield, Ohio; a letter, dated 4 December 2001, from a physician at the American Health Network in Fredericktown, Ohio; a letter, dated 24 October 2001 from the applicant’s daughter; medical records from the Department of Veterans Affairs; an article titled “Unit History” of the Headquarters and Headquarters Company, 3rd Brigade, 25th Infantry Division; and a letter describing his combat experiences in Vietnam. 

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

The applicant was inducted on 3 June 1964.  He served as a field artillery basic crewman in Vietnam from 11 January 1966 through 22 May 1966 and was honorably released on 23 May 1966.

The applicant’s DD Form 214, which was authenticated in his own hand, does not show the Purple Heart as an authorized award.  Item 27 (Wounds Received as a Result of Action with Enemy Forces) on his DD Form 214 shows the entry, “NONE”.

There is no evidence in the applicant’s service personnel records that he was awarded the Purple Heart or was wounded as a result of hostile action in Vietnam.

The applicant’s DA Form 20 (Enlisted Qualification Record) does not reflect entitlement to the Purple Heart and item 40 (Wounds) on his DA Form 20 is blank.  The applicant’s name does not appear on the Vietnam Casualty Roster.

In support of his claim for award of the Purple Heart, the applicant provided 
documentation from the DVA.  This documentation, in pertinent part, comments on the applicant’s self-report of his injury during Vietnam.    

The applicant’s DA Form 20 (Enlisted Qualification Record) shows that the applicant was assigned to Battery A, 2nd Battalion, 9th Artillery during his assignment in Vietnam.

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, Battery A, 2nd Battalion, 9th Artillery, was not cited for award of the Valorous Unit Award while he was assigned to it.

In support of his claim for award of the Valorous Unit Award, the applicant provided an article titled “Unit History” of Headquarters and Headquarters Company, 3rd Brigade, 25th Infantry Division.  This article states, in pertinent part, that the 3rd Brigade received the Valorous Unit Award for actions in April 1967. 

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.

Army Regulation 600-8-22 provides, in pertinent part, for award of the Valorous Unit Award to units of the Armed Forces of the United States for extraordinary heroism in action against an armed enemy of the United States while engaged in military operations involving conflict with an opposing foreign force or while serving with friendly foreign forces engaged in an armed conflict in which the United States is not a belligerent party for actions occurring on or after 3 August 1963.  This award requires a lesser degree of gallantry, determination, and esprit de corps than required for the Presidential Unit Citation.  Nevertheless, the unit must have performed with marked distinction under difficult and hazardous conditions in accomplishing its mission so as to set it apart from and above other units participating in the same conflict.  The degree of heroism required is the same as that which would warrant award of the Silver Star to an individual.

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 considered the applicant’s contention that he received wounds to his head and shoulder in 1966 from mortar rounds in Vietnam.  The Board also considered the DVA documentation provided in support of his claim for the Purple Heart.  However, there is no evidence of record available to the Board which shows the applicant was wounded or treated for wounds due to hostile action in Vietnam.  

2.  The applicant signed his DD Form 214 on 23 May 1966 attesting to the fact that he was not wounded as a result of action with enemy forces and that he was not entitled to award of the Purple Heart.  Therefore, the Board determined that there was insufficient evidence on which to base award of the Purple Heart in this case. 
3.  The applicant’s unit did not receive the Valorous Unit Award while he was assigned to it.  Therefore, the applicant is not entitled to award of the Valorous Unit Award.    

4.  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.

5.  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.

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	AR2002070894	
SUFFIX		
RECON		
DATE BOARDED	20020625	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.	107.0033	
3.		
4.		
5.		
6.