MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           05 SEPTEMBER 2002                  
	DOCKET NUMBER:   AR2002071864

	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. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Ms. Celia L. Adolphi		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. John T. Meixell		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.  

APPLICANT STATES:  That he was on a recovery mission to retrieve a tank that got hit.  They were ambushed, and a land mine damaged a truck.  He was struck in the head by debris and received stitches.  He was awarded a Bronze Star Medal because he manned a machine gun and hit the enemy.  He was never given the Purple Heart for his injury.  

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

The applicant was inducted into the Army on 3 October 1969 and completed training as a metal body repairman.  In September 1970 he was assigned to Company C, 725th Maintenance Battalion in Vietnam.  In November of that year he was assigned to the 566th Transportation Company.  On 11 November 1970 he was awarded the Bronze Star Medal for meritorious achievement for the period 1 October 1970 to 31 October 1970.  In August 1971 he was assigned to  the 88th Transportation Company.  The applicant returned to the United States and was released from active duty on 13 September 1971.  He participated in two campaigns during his tour in Vietnam and the 725th Maintenance Battalion was awarded the Republic of Vietnam Gallantry Cross Unit Citation with Palm for its actions while the applicant was assigned to that unit.  He had 1 year,            11 months, and 2 days of service, and 9 days of lost time.  His DD Form 214 does not show award of the Purple Heart.  The applicant’s DA Form 20 (Enlisted Qualification Record) does not show award of the Purple Heart, nor does it show that he was wounded in action.

The applicant’s DD Form 214 does not reflect the number of campaigns that he participated in, and does not show award of the Bronze Star Medal or the Republic of Vietnam Gallantry Cross Unit Citation with Palm.  

The applicant’s records contain no evidence that he was wounded in action.
The applicant is not listed as a casualty on the Vietnam casualty roster.

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, and the medical treatment must have been made a matter of official record.

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, nor has the applicant submitted any, to show that he was wounded in action.  There is insufficient evidence to grant his request for award of the Purple Heart. 

2.  The applicant has submitted neither probative evidence nor a convincing argument in support of his request.   

3.  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 that requirement.

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 in St. Louis is requested to correct the applicant’s record to show award of the Bronze Star Medal, the Vietnam Service Medal with two bronze service stars (one for each campaign), and the Republic of Vietnam Gallantry Cross Unit Citation with Palm.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__CLA __  __MHM__  __JTM __  DENY APPLICATION

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

INDEX

CASE ID	AR2002071864	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020905	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.