MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            24 SEPTEMBER 2002                  
	DOCKET NUMBER:   AR2002072909

	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:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. Kenneth W. Lapin		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:  Award of the Purple Heart.  

APPLICANT STATES:  That he was wounded during an action in the “Pineapple Forest,” treated in the field, but no report was made.

The applicant provides a copy of a response to a Member of Congress concerning his request for the Purple Heart, a copy of a statement from a former comrade supporting the applicant, and copies of his records.  

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

The applicant enlisted in the Army for three years on 30 November 1968.  He was assigned to the 1st Squadron, 1st Cavalry of the 23d Infantry Division in September 1970 as a track vehicle mechanic, later transferring to the                723rd Maintenance Battalion.  On 19 April 1970 the applicant was awarded the Army Commendation Medal for meritorious achievement from 1 October 1970 to 31 March 1971.  The applicant participated in two campaigns during his tour in Vietnam and the 1st Cavalry was awarded the Republic of Vietnam Gallantry Cross Unit Citation with Palm for its actions during the applicant’s assignment to that organization.  He returned to the United States and was released from active duty on 10 September 1971.  He had 2 years, 9 months, and 1 day of service, and 10 days of lost time.  He was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with       60 device, and the Sharpshooter Qualification Badge with rifle bar.  His report of transfer does not show award of the Purple Heart.  Nor does it show award of the Army Commendation Medal or the Republic of Vietnam Gallantry Cross Unit Citation with Palm.  It does not credit him with participation in two campaigns during his service in Vietnam.       

In a 26 August 1994 record of conversation an official of the Waco [Texas] Department of Veterans Affairs office indicated that there were no service medical records on file [on the applicant] for Vietnam.  There was no record of his being wounded in action.  She indicated that the applicant filed a claim as soon as he was discharged in September 1971 for backache, eyesight, and ulcers, but did not claim that he was wounded in action.  On 27 August 1994 the Army Reserve Personnel Center in St. Louis informed a Member of Congress that the applicant’s records failed to show that he was wounded in action.  The applicant’s file during that time period includes a note to an individual in which he requested an appointment to discuss obtaining a Purple Heart, obtaining treatment for his Agent Orange skin afflictions, and obtaining a job.  

In a 13 November 2001 statement of support, an individual who was with the applicant in Vietnam, states that the applicant was wounded around the November 1970 time frame, and provides the circumstances thereof.

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.  While the Board does not dispute the statement of events provided by the applicant and his former comrade, such individual statements are acceptable only where corroborating evidence is available from official sources.  Such evidence is not available.  Consequently, there is insufficient evidence to show that the applicant was wounded in action, and consequently no grounds to award the Purple Heart.  

2.  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 records to show award of the Army Commendation Medal, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, and the Vietnam Service Medal with two bronze service stars (one for each campaign).

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__AAO __  __KWL__  __DPH__  DENY APPLICATION

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

INDEX

CASE ID	AR2002072929	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020924	
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.