MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            12 JUNE 2003                  
	DOCKET NUMBER:   AR2003084681

	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. Raymond V. O'Connor, Jr.		Chairperson	
	Mr. John P. Infante		Member	
	Ms. Eloise C. Prendergast		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 received a Purple Heart for his injury in Vietnam in 1966.  He provided copies of his DD Forms 214 (Report of Transfer) and provides a copy of a newspaper article.  The newspaper article is not included with his request.      
EVIDENCE OF RECORD:  The applicant's military records show:

The applicant was inducted into the Army on 14 December 1965, trained as an infantryman and parachutist, and in June 1966 was assigned to Troop A,                    2nd Squadron, 17th Cavalry in Vietnam.  He completed his tour and returned to the United States in June 1967 and was assigned to Fort Bragg, North Carolina.  He participated in three campaigns and his unit was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, the Valorous Unit Award, and the Meritorious Unit Commendation during his assignment.  He was discharged on 18 December 1967.  His DD Form 214 shows award of the Parachutist Badge, the Vietnam Service Medal, the National Defense Service Medal, the Combat Infantryman Badge, the Army Commendation Medal, the Republic of Vietnam Campaign Medal, and the Good Conduct Medal.  That form does not show award of the Purple Heart.  

He reenlisted for 4 years on 19 December 1967.  He was AWOL from 29 March 1968 to 16 May 1968, and was convicted by a special court-martial.  He received training as a microwave radar repairman, and in June 1969 was assigned to the 361st Signal Battalion in Vietnam.  He completed his tour of duty in Vietnam, and in May 1970 was assigned to Fort Hood, Texas, and thereafter to Ethiopia.  He participated in three campaigns and the 361st was awarded the Meritorious Unit Commendation during his assignment.  He was discharged at Fort Dix, New Jersey on 9 February 1972.  His DD Form 214 shows that he was awarded the Bronze Star Medal for meritorious service during his second tour of duty in Vietnam.  That form 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 Vietnam Casualty Roster maintained by this agency does not show that he was wounded in action. 

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. 

The aforementioned regulation provides for award of the Vietnam Service Medal (VSM) and states, in pertinent part, that the VSM is awarded to all members of the Armed Forces serving in Vietnam from 3 July 1965 through 28 March 1973. One bronze service star is authorized for each campaign.  A silver star is worn instead of five bronze service stars.

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, to show that he was wounded in action.  There is insufficient evidence to grant his request for award of the Purple Heart.  The applicant has submitted neither probative evidence nor a convincing argument in support of his request.   

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:  The Army Review Boards Agency in St. Louis is requested to correct the applicant's records to show award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, the Valorous Unit Award, two awards of the Meritorious Unit Commendation, and the Vietnam Service Medal with one silver service star and one bronze service star.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__RVO__  __JPI ___  __ECP __  DENY APPLICATION

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

INDEX

CASE ID	AR2003084681	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20030612	
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.