MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           5 August 2003                   
	DOCKET NUMBER:   AR2003086430

	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. Luther L. Santiful		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Mr. Ronald J. Weaver		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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show award of the Purple Heart (PH).

APPLICANT STATES:  That, in 1969, he sustained an injury as a result of an enemy rocket attack in Vietnam.  He adds that he has been granted a 10 percent disability rating for this injury.  He submits in support of his request a copy of his DD Form 214; a Clinical Record-Consultation Sheet, dated 28 October 1969; a Clinical Record-Narrative Summary, dated 31 October 1969; a Clinical Record Cover Sheet, dated 18 November 1969; a copy of Special Orders Number 206, Headquarters, 101st Airborne Division; and a portion of his DA Form 20 (Enlisted Qualification Record).

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

He enlisted in the Regular Army on 14 June 1966 for 4 years.  Upon completion of all required military training, he was awarded military occupational specialty (MOS) 05C (Radio Teletype Operator) and sent to Fort Sill, Oklahoma, for duty.  In June 1968, he was reassigned to Germany; however, 1 year later he was assigned to Vietnam.  He arrived there on/about 18 July 1969.  On 9 August 1969, the applicant was assigned to Headquarters and Headquarters Company, 1st Battalion, 502nd Infantry, 101st Airborne Division.  In October 1969, he was medically evacuated to the 249th General Hospital, Japan, for treatment of a blast wound to his hand. 

The clinical records provided by the applicant show that, on 28 October 1969, while at Landing Zone (LZ) Sally, he suffered the traumatic amputation of his right index finger when a blasting cap accidentally went off while he was arming a Claymore Mine.  The clinical records states, "[P]atient was setting up claymore mine when blasting cap went off."

On 20 November 1969, the applicant was transferred to the United States and assigned to the Medical Holding Company, William Beaumont General Hospital, El Paso, Texas, for separation processing.

On 5 February 1970, the applicant was separated with an honorable discharge.  His DD Form 214 shows that he was awarded the National Defense Service Medal.  

The applicant's record also contains five nonjudicial punishments (NJP's) under the provisions of Article 15, Uniform Code of Military Justice, and reveals that he had 2 days of lost time due to being absent without leave (AWOL).

Army Regulation (AR) 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.  It 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.  

Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows the unit to which the applicant was assigned was cited for award of the Vietnam Gallantry Cross with Palm Unit Citation for the period 20 July 1965-28 March 1973 by Department of the Army General Order (DAGO) Number 8, dated 1974.  It also shows that the unit was awarded the Republic of Vietnam Civil Actions Honor Medal for the period 18 March 1968 to 2 May 1970 by DAGO Number 48, dated 1971.

AR 600-8-22 (Military Awards) provides, in pertinent part, for award of the Vietnam Service Medal (VSM).  This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  

AR 600-8-22 provides, in pertinent part, for award of the Vietnam Campaign Medal (VCM).  The Government of Vietnam awarded this medal to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or service outside the geographical limits of the Republic of Vietnam that contributed direct combat support to the Republic of Vietnam and its Armed Forces.  Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.

AR 600-8-22 also authorizes award of a Bronze Service Star (BSS), based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized BSS's will be worn on the appropriate service medal.  The applicant served in Vietnam during the Vietnam Summer-Fall 1969 campaign, therefore, he is authorized a bronze BSS to be worn on the VSM.

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 applicant was injured as a result of a blasting cap accidentally exploding. There is no indication that he was ever wounded as a result of hostile action.  Without such proof, the Board is unable to verify his entitlement to the PH.

2.  The applicant is authorized award of the VSM with one BSS, the VCM, the Civil Actions Honor Medal and the Republic of Vietnam Gallantry Cross with Palm Unit Citation Badge.  

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 Support Division - St. Louis is directed to issue a DD Form 215, Correction to DD Form 214, showing that the individual concerned is entitled to award of the VSM with one BSS, the VCM, the Civil Actions Honor Medal and the Republic of Vietnam Gallantry Cross with palm Unit Citation Badge.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__lls___  __clg___  __rjw___  DENY APPLICATION

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

INDEX

CASE ID	AR2003086430	
SUFFIX		
RECON		
DATE BOARDED	20030805	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19700205	
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.	107.0073	
3.	107.0094	
4.	107.0095	
5.		
6.