MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           27 August 2002
	DOCKET NUMBER:   AR2002071225

	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. Irene N. Wheelwright		Chairperson	
	Mr. Arthur A. Omartian		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 he be awarded the Purple Heart.

APPLICANT STATES:  That he was wounded in the left eye during the Tet Offensive when a hand flare was set off.  He was hospitalized for about two weeks.  He provides his Report of Transfer or Discharge, DD Form 214, as supporting evidence.

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

He was inducted into the Army on 29 May 1968.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

The applicant arrived in Vietnam and was assigned to the 2d Battalion, 327th Infantry on or about 10 November 1968.  

The applicant's service medical records show that he was initially treated on     20 February 1969 for a hand flare burn of the left eye.  The entry does not indicate how he received the injury.  

The applicant departed Vietnam on 19 October 1969 after being credited with four campaigns.  He was released from active duty on 28 May 1970.  His DD Form 214 shows he was awarded the Vietnam Service Medal and several other awards and decorations but not the Purple Heart.

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.  It also provides that one bronze service star is worn on the appropriate service medal for each credited campaign.

Department of the Army Pamphlet 672-3 shows that the 2d Battalion, 327th Infantry was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 19 July 1968 - 14 May 1969 and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation for the period 18 March   1968 - 2 May 1970.

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 applicant's service medical records confirm that he received a hand flare burn to the left eye; however, there is no evidence of record to show that the injury was the result of enemy action.  Therefore, there is insufficient evidence to show he met the eligibility criteria for award of the Purple Heart.

2.  The applicant is authorized to wear four bronze service stars on the Vietnam Service Medal.  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 the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation and is authorized to wear these unit awards, also.

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 From 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 and to show he is authorized to wear four bronze service stars with the Vietnam Service Medal.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__INW  __  _ _AAO__  _ _TL  __  DENY APPLICATION

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

INDEX

CASE ID	AR2002071225	
SUFFIX		
RECON		
DATE BOARDED	2002/08/27	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.