MEMORANDUM OF CONSIDERATION

		IN THE CASE OF:    

		BOARD DATE:          28 October 2003                    
		DOCKET NUMBER:  AR2003088004

	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. Richard P. Nelson		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond J. Wagner		Chairperson	
	Ms. Linda D. Simmons		Member	
	Ms. Marla J. Troup		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:  Correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to reflect award of the Purple Heart.

APPLICANT STATES:  That he was wounded by enemy gunfire in the Republic of Vietnam (RVN) in February 1969 and that he was medically evacuated to Okinawa as a result of the wound.

EVIDENCE OF RECORD:  The applicant's military records show that he enlisted in the Army on 12 August 1968.  He underwent basic combat and advanced individual training as an Infantryman (Military Occupational Specialty 11B10).  The applicant then deployed to RVN, where he served with the 3d Battalion, 60th Infantry, 9th Infantry Division, from 4 February 1969 to 30 March 1969.  On 30 March 1969, the applicant was placed in a patient status at the US Army Hospital in Okinawa.  He then spent tours of duty in the Continental United States, Korea, and Germany.  The applicant received a general discharge, under honorable conditions, on 5 May 1972.

The applicant’s final DD Form 214, signed in his own hand, shows that he is entitled to the following decorations: the Army Good Conduct Medal; the Vietnam Service Medal; the National Defense Service Medal; the Armed Forces Expeditionary Medal; the Republic of Vietnam Gallantry Cross Unit Citation with Palm; and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

The applicant also signed two additional DD Forms 214, the first on 26 March 1970, and the second on 9 February 1971; neither of these forms indicate award of the Purple Heart.

DA Form 3349 (Medical Condition-Physical Profile Record), dated 15 July 1969, placed the applicant on limited duty due to “Gun shot wound, right leg.”  Standard Form 600 (Chronological Record of Medical Care) with entries dated 18 and 22 September, 3, 9, 17, 21, and 25 October 1969, all refer to the applicant complaining of pain due to RVN wound to right leg.  Standard Form 88 (Report of Medical Examination), pertaining to the applicant, dated 7 March 1972, states “History of gunshot wound left leg.”  Standard Form 93 (Report of Medical History), pertaining to the applicant, dated 9 March 1972, states “Gunshot wound left lower leg 1969, treated by mil. Physician.”

There are no medical documents in the available records which show that the applicant was wounded, or treated for wounds, as a result of hostile action.

The applicant’s name is not listed on the Vietnam Casualty Roster.

There are no entries in item 40 (Wounds) of the applicant’s DA Form 20 (Enlisted Qualification Record) that show that the applicant was wounded as a result of hostile action.

Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded to any member of an Armed Force who, while serving under competent authority in any capacity with one of the U.S. Armed Services after 5 April 1917, has been wounded or killed 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, and the medical treatment must have been made a matter of official record.

U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided, in pertinent part, for award of the Purple Heart.  The regulation stated that authority to award the Purple Heart was delegated to hospital commanders.  Further, it directed that all personnel treated and released within 24 hours will be awarded the Purple Heart by the organization to which the individual is assigned. Personnel requiring hospitalization in excess of 24 hours or evacuation from Vietnam will be awarded the Purple Heart directly by the hospital commander rendering treatment.

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 noted the medical evidence showing that the applicant was treated for a gunshot wound while in Okinawa.  However, the Board also noted that the records do not show that the applicant was wounded, or treated for wounds, as a result of hostile action.  It further noted that there are no orders which awarded the applicant the Purple Heart.

2.  The Board further noted that the applicant’s service personnel records, to include his medical records, are quite intact and complete.  The Board concluded that, given the comprehensiveness of the records, there would, in all probability, be a record of the wound being caused as a result of hostile action.

3.  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.

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.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__mjt____  ___lds___  ____rjw__  DENY APPLICATION

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

INDEX

CASE ID	AR2003088004	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20031028	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.