MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            1 July 2003       
	DOCKET NUMBER:   AR2003087152

	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. Ted S. Kanamine		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Ms. Karen Y. Fletcher		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 the Purple Heart be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

APPLICANT STATES:  That he was wounded the first part of April 1967 when he stepped on a nail-trap.  He provides his DD Form 214 as supporting evidence.

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

He was inducted into the Army on 1 December 1965.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).  

The applicant's unit, Company C, 3d Battalion, 8th Infantry, 4th Infantry Division, was transferred to Vietnam on or about 15 September 1966.  He performed duties as an 11B rifleman.

The applicant's DA Form 20 (Enlisted Qualification Record) shows that he departed Vietnam on or about 4 April 1967, after receiving participation credit for one campaign, when he was medically evacuated to the Medical Hold Detachment, U. S. Army Hospital, Ryukyus. 

The applicant's service medical records are not available.

Item 40 (Wounds) of the applicant's DA Form 20 does not show that he was wounded.  Item 41 (Awards and Decorations) does not show that he was awarded the Purple Heart.  His DA Form 20 was re-typed on 19 September 1967 and he signed the DA Form 20 on that date.  No orders awarding him the Purple Heart are filed in his records.

The applicant is not listed on the Republic of Vietnam Casualty Roster.

On 30 November 1967, the applicant was released from active duty.  His DD Form 214 shows he was awarded the Expert Qualification Badge with Rifle bar, the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, the Combat Infantryman Badge, one overseas bar, and the Army Good Conduct Medal.

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 states that one bronze service star is worn on the appropriate service medal for each credited campaign.
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 3d Battalion, 8th Infantry, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period October 1966 through      28 July 1969 by DAGO Number 3, dated 1970.

Department of the Army Pamphlet 672-3 also shows that, at the time of the applicant's assignment to the 3d Battalion, 8th Infantry, it was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 October 1966 through 31 October 1969 by DAGO Number 53, dated 1970.

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.  The Board acknowledges that the applicant's DA Form 20 shows he was medically evacuated out of Vietnam; however, there is no evidence of record and he provides no evidence to show he was evacuated due to injuries received as a result of enemy action.  His name is not listed on the Republic of Vietnam Casualty Roster.  His DA Form 20 does not show that he was wounded and he signed the DA Form 20 after his departure from Vietnam.

3.  The Board concludes that there is insufficient evidence to show the applicant met the eligibility criteria for award of the Purple Heart.

4.  The evidence of record shows the applicant is authorized to wear one bronze service star on the Vietnam Service Medal.  His DD Form 214 should be administratively corrected to reflect this fact.

5.  The evidence of record shows the applicant was 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.

6.  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 he is authorized to wear one bronze service star with the Vietnam Service Medal.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__tsk___  __mhm___  __kyf___  DENY APPLICATION

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

INDEX

CASE ID	AR2003087152	
SUFFIX		
RECON		
DATE BOARDED	20030701	
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.