MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           1 August 2002                  
	DOCKET NUMBER:   AR2002071906

	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	
	Mrs. Victoria A. Donaldson		Analyst	

  The following members, a quorum, were present:

	Mr. Samuel A. Crumpler		Chairperson	
	Mr. Melvin H Meyer		Member	
	Ms. Regan K. Smith		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 for wounds sustained during his service in Vietnam.

APPLICANT STATES:  That he is entitled to award of the Purple Heart based on back injuries sustained during a helicopter crash.  In support of his application, he submits a copy of a Department of Veterans Affairs rating decision, dated 
2 November 2001.

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

The applicant enlisted in the United States Army Reserve on 8 January 1969.  He served as an enlisted soldier on active duty from 5 February 1969 to 
25 January 1970.  

The applicant was appointed as a warrant officer on 26 January 1970.  He served as a UH-1 pilot in Vietnam from 27 April 1970 through 26 April 1971.  The applicant was honorably separated from active duty on 5 June 1989 in the rank of Chief Warrant Officer Two.

The applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated in his own hand, does not show award of the Purple Heart in item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized). 

There are no orders in the applicant's service personnel records that support award of the Purple Heart to the applicant.  There is also no evidence in his records which shows that he was wounded or treated for wounds as a result of hostile action.  The applicant's name is not listed on the Vietnam Casualty Roster.

The Department of Veterans Affairs (DVA) rating decision provided by the applicant shows that he received service connected disability rated at seventy percent for the following conditions:  left lower peripheral diabetic neuropathy (10 percent); chronic lower back strain (20 percent); degenerative joint disease for his left hip (10 percent); post traumatic stress disorder (30 percent); hearing loss (zero percent); and tinnitus left ear (10 percent).  

The DVA rating decision indicates there were no service medical records available at the time of the DVA medical evaluation.  This rating decision also states that the applicant was involved in a helicopter crash.  However, it does not indicate that the helicopter crash occurred due to hostile action or that the applicant was treated for wounds as a result of hostile action.

The Board noted that the applicant was eligible for award of the National Defense Service Medal and the Republic of Vietnam Gallantry Cross with Palm Unit Citation that are not shown on his discharge document.  This omission will be administratively corrected.

Army Regulation 600-8-22 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, that the National Defense Service Medal is awarded for honorable active service for any period between
27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, and 2 August 1990 through 30 November 1995. 

Department of the Army Pamphlet 672-3 lists the unit awards received by units serving in Vietnam.  This document shows that, at the time of the applicant’s assignment to 7th Squadron of the 1st Cavalry, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters Department of the Army General Orders Number 52, dated 1971.

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 request for award of the Purple Heart and the documents submitted in support of his request.

2.  There are no orders in the applicant’s personnel records which award him the Purple Heart.

3.  There is no evidence in the applicant's service medical records which shows the applicant was wounded or treated for wounds as a result of hostile action during his service in Vietnam.  

4.  The applicant's DD Form 214, which he authenticated at the time of his separation from the Army, shows that he was not awarded the Purple Heart.

5.  The Board noted the DVA rating decision to award service connection for back pain.  However, DVA records show the history of the injury was provided by the applicant.  There are no medical records to support the applicant’s account of the basis for his injuries.  Based on these facts, the DVA rating decision is not sufficient, by itself, as a basis for award of the Purple Heart in this case. 

6.  Furthermore, in the absence of evidence that the applicant was wounded or treated for wounds as a result of hostile action, the Board determined that there is insufficient evidence upon which to base award of the Purple Heart in this case.

7.  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 either requirement.

8.  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:  Request that the Army Review Boards Agency (ARBA), Support Division, St. Louis, furnish the individual concerned a DD Form 215 (Correction to DD Form 214) to show in item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) that he was awarded the National Defense Service Medal based on completion of a period of qualifying service and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__SAC  _  __MHM__  __RKS__  DENY APPLICATION

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

INDEX

CASE ID	AR2002071906	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020801	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY w/note	
REVIEW AUTHORITY	Mr. Chun	
ISSUES         1.	107.0015.0000	
2.		
3.		
4.		
5.		
6.