MEMORANDUM OF CONSIDERATION

		IN THE CASE OF

		BOARD DATE:             21 October 2003                  
		DOCKET NUMBER:     AR2003088243

	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. Joseph Adriance		Analyst	

  The following members, a quorum, were present:

	Mr. Melvin H. Meyer		Chairperson	
	Mr. William D. Powers		Member	
	Mr. Frank C. Jones		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:  In effect, that he be awarded the Purple Heart (PH).  

APPLICANT STATES:  In effect, that he was wounded in action while serving in the Republic of Vietnam (RVN).  He claims that he was wounded at Landing Zone Carolyn, but was not evacuated to the aid station or a hospital because he was considered to be walking wounded.  He states that nine men were killed and 65 were wounded during this engagement.  He further states that 25 of the wounded soldiers were from his unit, but he was not included in the official casualty list.  He states that he has no official records to support his claim except for a copy of the orders that awarded him the Bronze Star Medal (BSM) for heroism based on his actions on that date. 

In Item 10 of his application, the applicant indicates that he submitted supporting letters from his wife, the battalion S-1 and battalion operations officers, copies of various medical documents from the Department of Veterans Affairs (VA), and an extract of the 8 May 1969 Stars and Stripes Newspaper.  However, none of this evidence was included with his application when it arrived at the Board.  

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

On 30 April 1973, he was honorably released from active duty (REFRAD) for the purpose of retirement.  At the time of his separation, he held the rank of sergeant first class (SFC) and he had completed a total of 20 years and 3 days of active military service.  

The applicant’s Enlisted Qualification Record (DA Form 20) confirms that he was trained and served in military occupational specialty (MOS) 13B (Field Artillery Crewman) and that he completed two tours of duty in the RVN.  The first tour was from 17 August 1965 through 5 August 1966 and the second was from 
15 November 1968 through 15 November 1969.  

Item 40 (Wounds) of the applicant’s DA Form 20 is blank and contains no entry indicating that he was ever wounded in action.  Item 41 (Awards and Decorations) shows that the applicant earned the following awards during his tenure on active duty:  National Defense Service Medal (NDSM) with 1st Oak Leaf Cluster; Army of Occupation Medal (AOM) with Germany Clasp; Vietnam Service Medal (VSM); Vietnam Campaign Medal (VCM); Presidential Unit Citation (PUC); BSM with 1st Oak Leaf Cluster and Valor (V) Device; Army Good Conduct Medal (AGCM) 6th Award; Army Commendation Medal (ARCOM) with V Device; Air Medal (AM); and Republic of Vietnam Gallantry Cross (RVNGC) with Palm Unit Citation.  

Item 47 (Signature of Individual) and Item 48 (Date of Audit) of the applicant’s 
DA Form 20 confirm that he signed this form on the date it was prepared, 
15 October 1970, and that he last audited and verified the information contained therein on 3 January 1973.  

The separation document (DD Form 214) issued to the applicant on the date of his separation, 30 April 1973, shows that he earned the following awards during his tenure on active duty:  NDSM with 1st Oak Leaf Cluster; AOM with Germany Clasp; VSM; VCM; PUC; BSM with 1st Oak Leaf Cluster and V Device; AGCM 
6th Award; ARCOM with V Device; and the AM.  The applicant authenticated this document with his signature in Item 32 (Signature of Person Being Transferred or Discharged).  

In connection with the processing of this case, a member of the Board 
staff reviewed the Department of the Army (DA) Vietnam Casualty Roster, 
which contains the names of those soldiers wounded or injured in action in the RVN.  The applicant’s name was not included in this official DA list of RVN casualties.  

Army Regulation 600-8-22 (Military Awards) prescribes the Army’s awards policy. Paragraph 2-8 contains guidance on awarding the Purple Heart.  It states, in pertinent part, that the PH is authorized to members who are wounded in action.  It further defines a wound as an injury to any part of the body from an outside force or agent sustained in action.  It also stipulates that the wound for which a PH is being awarded must have required treatment by a medical officer, and the records of medical treatment for the wound or injury for which the PH is being awarded must have been made a matter of official record.

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 evidence of record gives no indication that the applicant was wounded or injured as a result of enemy action.  Further, the record shows that the applicant verified the awards information contained on his DA Form 20 on 3 January 1973 and on his DD Form 214 on 30 April 1973.  The PH was not included in the list of awards contained on either of these documents.  Further, the evidence shows that the applicant’s name is not included in the official list of RVN casualties contained on the official DA Vietnam Casualty Roster.

2.  By regulation, in order to support the award of the PH, there must be evidence to show that the soldier was wounded or injured in action, that the wound for which the award is being made required treatment by military medical personnel, and this treatment must have been made a matter of official record.  The evidence or record and independent evidence provided by the applicant is not sufficient to satisfy the regulatory burden of proof necessary to support award of the PH in this case.  

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

MM__  __FCJ__  __WDP __        DENY APPLICATION

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

INDEX

CASE ID	AR2003088243	
SUFFIX		
RECON		
DATE BOARDED	2003/10/DD	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1973/04/30	
DISCHARGE AUTHORITY	AR 635-200 C12	
DISCHARGE REASON	Retirement 	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  61	107.0015	
2.		
3.		
4.		
5.		
6.