MEMORANDUM OF CONSIDERATION

		IN THE CASE OF:  

		BOARD DATE:          4 November 2003                    
		DOCKET NUMBER:  AR2003085006

	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. Rosa M. Chandler		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Ms. Gail J. Wire		Member	
	Mr. Antonio Uribe		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:  That his records be corrected to show award of the Purple Heart (PH).

APPLICANT STATES:  In essence, that he earned the PH as a result of a combat-related injury that he received while serving in Vietnam and that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) should be corrected to reflect such.  In support of his request, he provides a copy of his DD Form 214 and a copy of a PH Certificate.

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

He enlisted in the Regular Army for 3 years on 30 April 1970.  He completed the training requirements and was awarded military occupational specialty (MOS) 12B (Combat Engineer).  He served in Vietnam from 4 October 1970-4 October 1971 with Company A, 26th Engineer Battalion, 23rd Infantry Division.  His record contains one record of nonjudicial punishment for wrongful use of marijuana.

On 1 March 1973, the applicant was honorably separated from active duty as a result of early release to join the Army National Guard.  His DD Form 214 shows that he was awarded the Army Commendation Medal, National Defense Service Medal, Vietnam Service Medal with two bronze service stars, Vietnam Campaign Medal with Device 1960; Vietnam Gallantry Cross with Palm Unit Citation; two Overseas Service Bars; Marksman Marksmanship Qualification Badge, Rifle 
M-16; Sharpshooter Marksmanship Qualification Badge, Hand Grenade; and the Expert Marksmanship Qualification Badge, Rifle M-14.  It does not show that he was awarded the PH.  

The PH Certificate provided by the applicant shows that he was awarded the PH, but it does not show the date on which he was wounded.  The Certificate is signed on the left by Creighton W. Abrams and dated 4 April 1971.

Item 40 (Wounds) on the applicant's Enlisted Qualification Record contains no entries or evidence of a wound.

A review of both the applicant's Official Military Personnel File and the Vietnam Casualty List failed to identify the applicant as having been wounded during combat in Vietnam.  This agency also performed a thorough search of historical records located at the National Archives Records Administration (NARA), College Park, Maryland, to find any evidence in unit records or General Orders identifying the applicant as having been awarded the PH.  The search failed to find such evidence.  

Army Regulation 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments.  The regulation provides, in pertinent part, that the PH is awarded for a wound sustained as a result of hostile action. Substantiating evidence must be provided to verify that:  (1) the wound was the result of hostile action; (2) the wound required medical treatment; and (3) the medical treatment was 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.  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 this requirement.

2.  There is insufficient evidence available to award the applicant the PH.  The Certificate the applicant provided is improperly completed.  It does have the phrase "IN THE REPUBLIC OF VIETNAM ON [DATE]" inserted beneath the wording "FOR WOUNDS RECEIVED IN ACTION."  It also does not have Creighton W. Abrams' rank [GENERAL, UNITED STATES ARMY] typed beneath his signature.

3.  Regulations in effect at the time provided that PH Medals were issued either by a hospital commander or by the commander of the unit to which the Soldier was assigned.  Normally, this meant that the award certificate was signed by the Commanding General of the recipient's division.  General Abrams, in 1971, was the Commanding General of Military Assistance Command Vietnam (MACV).  As such, he controlled all United States Armed Forces in the Republic of Vietnam.  Unless the applicant was assigned to Headquarters, MACV, General Abrams would not have awarded the medal.  The Commanding General of the 23rd Infantry Division on 4 April 1971, the date of issue on the certificate, was Major General James L. Baldwin.

4.  The applicant was not listed on the Vietnam Casualty List, nor was his Enlisted Qualification Record annotated in Item 40 (Wounds) to show that he was wounded, nor were there any unit records or General Orders at NARA to prove that he was ever wounded.

5.  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.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__fne___  __gjw___  __au____  DENY APPLICATION

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

INDEX

CASE ID	AR2003085006	
SUFFIX		
RECON		
DATE BOARDED	20031104	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.