MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           29 AUGUST 2002
	DOCKET NUMBER:   AR2002073856

	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. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. Christopher J. Prosser		Member	
	Mr. Harry B. Oberg		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:  In effect, that he was not awarded the Purple Heart following injuries to his back and knees while in Vietnam.  He notes that he is now receiving VA disability compensation for those injuries.  Although he indicates in his application that he was submitting his VA disability documentation and his medical records, in support of his request, only his medical records were received.

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

He entered active duty in November 1968.  While undergoing training he was awarded an Expert Badge with "Recoilless rifle" bar, a Marksman Badge with "Pistol" and "Automatic rifle" bars.  The awards were all confirmed in orders issued by the U.S. Army Training Center at Fort Gordon, Georgia.  However, none of the badges were recorded on the applicant's separation document.

Following completion of training, the applicant was assigned to Vietnam as an infantryman with the 22nd Infantry.  He arrived in Vietnam in June 1969.

According to his service medical records, he sustained an injury to his back and both knees when he fell off the back of a vehicle in January 1970.  There is no indication that his injuries were the result of hostile action.  He was placed on light duty.

The applicant departed Vietnam in June 1970 and completed his enlistment contract in Germany.  He was released from active duty on 6 December 1971.  Neither his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), nor his DA Form 20 (Enlisted Qualification Record) reflects entitlement to the Purple Heart, and item 40 (wounds) on his DA Form 20 is blank.  The applicant last authenticated his DA Form 20 in September 1970 and his DD Form 214 was authenticated on the date of his release from active duty.

Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for wounds 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.  

As a result of the applicant's service in Vietnam he is entitled to the Republic of Vietnam Gallantry Cross Unit Citation with Palm and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, which were omitted from his separation document.  He is also entitled to three bronze service stars on his Vietnam Service Medal.  The bronze service stars, which denote participation in three designated campaign periods (Vietnam Summer-Fall-1969, Vietnam Winter-Spring-1970, and DA Sanctuary Counteroffensive), were omitted from the Vietnam Service Medal reflected on his separation document.

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, and the applicant has not provided any, that he was wounded as a result of hostile action while in Vietnam.  Although he may have sustained injuries to his back and knees while in Vietnam, there is no evidence which confirms the injuries were the result of hostile action and as such, no basis for an award of the Purple Heart.

2.  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.

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:  Officials at the ARBA Support Division in St. Louis are requested to administratively correct the applicant’s separation document to reflect award of a Marksman Badge with "Pistol" and "Automatic rifle" bars, an Expert Badge with "Recoilless rifle" bar, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, a Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and three bronze service stars on his Vietnam Service Medal.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__MKP__  __CJP___  __HBO__  DENY APPLICATION

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

INDEX

CASE ID	AR2002073856	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020829	
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.