MEMORANDUM OF CONSIDERATION

		IN THE CASE OF:      

		BOARD DATE:           4 November 2003                  
		DOCKET NUMBER:   AR2003087777

	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	
	Mr. W. W. Osborn, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Ms. Gail J. Wire		Member	
	Mr. Antonio Uribe, Jr.		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 authorized awards listed on his DD Form 214 (Report of Transfer or Discharge).

APPLICANT STATES:  That he and about five other soldiers from the brigade were wounded on the same day.  He doesn't have a citation.  He was unceremoniously handed the award in a presentation box a couple of weeks later.  

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

He entered active duty on 1 April 1969 and completed training as an infantryman.  The applicant reported to Vietnam on 2 September 1969 and served with B Company, 6th Infantry, 198th Light Infantry Brigade until 2 October 1970.  He returned to the United States and was honorably separated early as an overseas returnee.  

The applicant's DD Form 214 lists his authorized awards and decorations as the Bronze Star Medal, the Army Commendation Medal, the Good Conduct Medal, the Vietnam Service Medal, the National Defense Service Medal, the Republic of Vietnam Campaign Medal with 60 device, the Combat Infantryman Badge, the Marksman Badge (M-14) and the Expert Badge (M-16).  The applicant signed the DD Form 214 as the person being separated.

His Department of the Army (DA) Form 20 (Enlisted Qualification Record) lists the same awards as his DD Form 214.  Item 39 (Campaigns) shows he served during two campaign periods.  Item 40 (Wounds) is blank.

Orders in his record confirm award of the Bronze Star Medal, the Army Commendation Medal, the Good Conduct Medal, the Combat Infantryman Badge, the Marksman Badge (M-14) and the Expert Badge (M-16).

There are no available medical records.  The applicant's name does not appear on the Vietnam Casualty List and, since he did not provide an approximate date, unit records could not be searched.

Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against am enemy or 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.

DA Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, shows that during the applicant's period of service his unit was awarded the RVN Gallantry Cross with Palm Unit Citation for the periods 24 August through 31 December 1969 and 21 March 1970 through 30 June 1970.  An individual may be authorized to accept subsequent awards, only one such foreign unit award may be worn.  However, only one will be recorded in the records when an individual is assigned to a unit that received more than one award during the same period.

Army Regulation 600-8-22 also authorizes a bronze service star, based on qualifying service, for each designated campaign listed in Appendix B of the regulation and states that authorized bronze service stars will be worn on the appropriate campaign or service medal.  A silver service star is authorized in lieu of five bronze service stars.  The regulation lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal.  These include:  Vietnam Summer-Fall 1969, ending on 31 October 1969; Vietnam Winter-Spring 1970, ending on 30 April 1970; DA Sanctuary Counteroffensive, ending on 30 June 1970; and Counteroffensive Phase VII, ending on 30 June 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 applicant's available military records do not show he was wounded in action or as the result of hostile action or that he was awarded the Purple Heart.  There are no available medical records, the Vietnam Casualty List did not list him as a combat casualty and unit records could not be readily searched.  There is insufficient substantiating evidence to show that he was awarded the Purple Heart. 

2.  The applicant is authorized four bronze service stars for wear on the Vietnam Service Medal and the RVN Gallantry Cross with Palm Unit Citation.  These changes to his DD Form 214 can be accomplished administratively. 

3.  In view of the foregoing, there is no basis for granting the applicant's request.
evidence to demonstrate the existence of probable error or injustice.

NOTE:  The Army Review Boards Agency Support Division, St. Louis will be asked to administratively correct his DD Form 214 by adding four bronze service stars for wear on the Vietnam Service Medal and the RVN Gallantry Cross with Palm Unit Citation. 

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	AR2003087777	
SUFFIX		
RECON		
DATE BOARDED	20031104	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.