MEMORANDUM OF CONSIDERATION

		IN THE CASE OF:  

		BOARD DATE:           30 September 2003        
		DOCKET NUMBER:  AR2003087054

	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	
	Mrs. Nancy L. Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond J. Wagner		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Ms. Margaret V. Thompson		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 he be awarded the Purple Heart.

APPLICANT STATES:  That he was injured by shrapnel in his hand while setting up the fire direction center.  It was minor so he stayed in the field without medical attention.  However, his hand became infected and he stayed in the hospital for  6 weeks.  As supporting evidence, he provides a DA Form 8-275-3 (Clinical Record Cover Sheet) dated 11 December 1966; a 2-page extract from his service medical records; and a Department of Veterans Affairs (VA) compensation and pension examination dated 6 December 2000.

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

The applicant enlisted in the Regular Army on 20 August 1965.  He completed basic combat training and apparently was awarded military occupational specialty 13A (Field Artillery Basic) through on-the-job training.

The applicant arrived in Vietnam and was assigned to Headquarters and Headquarters Battery, 1st Battalion, 8th Artillery on 4 September 1966.

The applicant provided a 2-page extract from his service medical records.  They show that he was treated at the battalion aid station on 3 December 1966 for swelling in his right hand.  The entry for 4 December 1966 indicates he had developed a blister over the 5th metacarpal head one week prior which subsequently became infected.  He was apparently evacuated to the 93d Evacuation Hospital on 6 December 1966 due to the location of the infection and rather slow response [to treatment].  He was discharged to duty on 11 December 1966.

The applicant departed Vietnam on 26 August 1967 after being credited with participation in 2 campaigns.  He was released from active duty on 19 August 1968.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was awarded the National Defense Service Medal, the Vietnam Service Medal with 1 bronze service star, and the Vietnam Campaign Medal.

On 6 December 2000, the VA diagnosed the applicant with post-traumatic stress disorder.  His compensation and pension examination noted that he stated he had been treated for an infection in his arm while in Vietnam, was hospitalized for 6 weeks, and almost died from that infection.

Army Regulation 600-8-22 (Military Awards) states 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 by a medical officer, and the medical treatment must have been made a matter of official record.
Army Regulation 600-8-22 also states that one bronze service star is worn on the appropriate service medal for each credited campaign participation.

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 that, at the time of the applicant's assignment to the 1st Battalion, 8th Artillery, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period January 1966 through August 1968 by Department of the Army General Order Number 48, dated 1971.

Department of the Army Pamphlet 672-3 also shows that, at the time of the applicant's assignment to the 1st Battalion, 8th Artillery, it was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 31 March 1966 through 21 January 1970 by Department of the Army General Order Number 51, dated 1971.

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 Board considered the applicant's contention that he received a minor shrapnel wound to his hand which required no immediate treatment but subsequently became infected and required hospitalization.  However, there is no evidence of record and the applicant provides none to show how he received the initial wound or that it was incurred as the result of action against the enemy. His service medical records show only that he suffered from a blister which about a week later became infected.  Therefore, the Board concludes that there is insufficient evidence on which to base award of the Purple Heart.

2.  The Board notes that the applicant met the eligibility criteria for wear of two bronze service stars on the Vietnam Service Medal.  His DD Form 214 should be administratively corrected to show this fact.

4.  The applicant was also assigned to a unit during a period of time that unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  His DD Form 214 should be administratively corrected to add these unit awards.

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.

NOTE:  The Board requests that the Army Review Boards Agency Support Division – St. Louis amend the applicant’s DD Form 214 by adding the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and to show the applicant is authorized to wear 2 bronze service stars on the Vietnam Service Medal.  

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__rjw___  __mhm___  _mvt____  DENY APPLICATION

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

INDEX

CASE ID	AR2003087054	
SUFFIX		
RECON		
DATE BOARDED	20030930	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY	Mr. Chun	
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.