MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            17 July 2003                  
	DOCKET NUMBER:   AR2003087351

	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:

	Ms. JoAnn Langston		Chairperson	
	Ms. Regan K. Smith		Member	
	Mr. John T. Meixell		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 the DD Form          214 (Armed Forces of the United States Report of Transfer or Discharge) of her deceased spouse, a former service member (FSM).

APPLICANT STATES:  That the FSM was wounded in Vietnam when a hooch fell on him while he was being fired upon.  She provides his DD Form 214, death certificate, and marriage certificate as supporting evidence.

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

He was inducted into the Army on 26 June 1967.  The FSM's unit, the 270th Signal Company, transferred to Vietnam on or about 29 October 1968 where he continued to perform duties as a radio relay and carrier repairman.  He departed Vietnam on   9 June 1969 after receiving participation credit for 4 campaigns.  He was released from active duty on 15 June 1969.  His DD Form 214 shows he was awarded the National Defense Service Medal, the Army Good Conduct Medal, the Expert Qualification Badge (M-60), the Republic of Vietnam Campaign Medal with device 1960, the Vietnam Service Medal, one overseas bar, and the Combat Infantryman Badge.

The FSM is not listed on the Vietnam Casualty Roster.  His service medical records are not available.

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 provides for the wear of one bronze service star 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 FSM's assignment to the 270th Signal Company, it was cited for award of the Meritorious Unit Citation for the period         20 September 1968 – 30 June 1970 by Department of the Army General Orders (DAGO) Number 18 dated 1970.

Department of the Army General Number Orders 8, 1974, announced award of     the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters,    U. S. Military Assistance Command and its subordinate units during the period         8 February 1962 to 28 March 1973 and to Headquarters, U. S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.
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 of record, and the applicant provides none, to show the FSM was wounded in action.  He is not listed on the Republic of Vietnam Casualty Roster.  His service medical records are not available.  In the absence of evidence to show he was treated for wounds received as the result of hostile action, it would not be appropriate to add the Purple Heart to his DD Form 214.

2.  The Board notes that the FSM was credited with participation in 4 campaigns. His DD Form 214 should be administratively corrected to show he was authorized to wear the Vietnam Service Medal with 4 bronze service stars.

3.  The evidence of record shows that the FSM was assigned to a unit during a period of time that unit was cited for award of the Meritorious Unit Commendation.  Later, all units assigned to Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  His DD Form 214 should be administratively amended to add these unit awards.

4.  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 FSM’s DD Form 214 by adding the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and to show he was authorized to wear the Vietnam Service Medal with 4 bronze service stars.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__jl______  __rks__  __jtm____  DENY APPLICATION

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

INDEX

CASE ID	AR2003087351	
SUFFIX		
RECON		
DATE BOARDED	20030717	
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.