MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            22 March 2000
	DOCKET NUMBER:   AR1999030121

	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. Joseph A. Adriance		Analyst	

The following members, a quorum, were present:

	Mr. James M. Alward		Chairperson	
	Mr. Ted S. Kanamine		Member	
	Mr. Arthur A. Omartian		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) and a Commendation Medal.

APPLICANT STATES:  In effect, that he is entitled to the PH and to a Commendation Medal that he refused to accept at the time.  He claims that based on his refusal to accept these awards they were not issued to him and they were left off his separation documents.  He indicates that although he initially refused the awards, he would now like them issued to him and included in his records.  

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

On 19 May 1970, the applicant was inducted into the Army of the United States (AUS) for 2 years.  He successfully completed basic training at Fort Bragg, North Carolina and advanced individual training (AIT) at Fort Leonard Wood, Missouri.  Upon completion of AIT he was awarded military occupational specialty (MOS) 12A (Pioneer) and he was assigned overseas to Vietnam for his first permanent duty station.

He arrived in Vietnam in October 1970, and was assigned for duty with the 
Headquarters and Headquarters Troop, 3rd Squadron, 11th Armored Calvary Regiment.  He was promoted to specialist/E-4, which is the highest rank he attained while on active duty, on 30 May 1971.  In September 1971, he was reassigned to Company D of the 14th Engineer Battalion, which was also located in Vietnam.  He served with this unit until he departed Vietnam for Fort Hood, Texas, in August 1971.  He served at Fort Hood until he was separated in January 1972.  

On 3 January 1972, the applicant was honorably released from active duty after completing 1 year, 7 months, and 15 days of active military service.  At the time of his separation he was issued and signed a properly constituted DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 

The DD Form 214 on file revealed in block 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) that he had received the following awards during this tenure on active duty: the National Defense Service Medal, the Vietnam Service Medal with/1 Bronze Service Star, the Republic of Vietnam Campaign Medal; and the Rifle Marksman Badge.

There is also a DA Form 2-1 (Qualification Record) on file.  This form also contains no evidence, in either block 40 (Wounds) or block 41 (Awards and Decorations), that the applicant was either wounded in action or that he was awarded the PH.  The Military Personnel Records Jacket (MPRJ), likewise contains no orders or other documents that show either of these incidents occurred during the applicant’s tour in Vietnam.  

Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) is published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  Table 1 (Army Units In Numerical Order) provides a list of units and indicates what awards units assigned to Vietnam earned during the tenure of the conflict.  Neither of the applicant’s were identified as earning a Unit Commendation or Citation during the time period he was assigned.

Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual military awards.  Paragraph 2-8 (Purple Heart) contains the regulatory guidance pertaining to awarding the PH.  It states, in pertinent part, that the PH is awarded in the name of the President of the United States to any member of an Armed Force or any civilian national of the United States who, while serving under competent authority in any capacity with one of the U.S. Armed Services after 5 April 1917, who has been wounded or killed in action.  

The awards regulation states that a wound is defined as an injury to any part of the body from an outside force or agent sustained under the conditions defined by this regulation.  In order to support awarding a member the PH, it is necessary to establish that the wound, for which the award is being made, required treatment by a medical officer.  This treatment must be supported by records of medical treatment for the wound or injury received in action, and must have been made a matter of official record.  

The applicant’s medical records, for the period of service under review, were not available to this Board.  Further, there was no independent evidence, submitted by the applicant, to verify that his wound or injury required treatment by a medical officer, or that this treatment was made a matter of official record.  In addition, the applicant provided no independent evidence, in the form of witness statements or other supporting documents, to support his claim.  

Paragraph 1-14 (Time limitations) specifies that, each recommendation for an award of a military decoration must be entered administratively into military channels within 2 years of the act, achievement, or service to be honored. 

Paragraph 1-18 (Lost Recommendations) stipulates that if the Secretary of the Army determines that a statement setting forth the distinguished act, achievement, or service, and a recommendation for official recognition was made and supported by sufficient evidence within 2 years after the distinguished service, and that no award was made because the statement was lost, or through inadvertence the recommendation was not acted upon; he or she may, within 
2 years after the date of the determination, award any appropriate military decoration.  Secretarial action, however, still requires that there be conclusive evidence of the formal submission of the recommendation into military channels.  Conclusive evidence of the loss of the recommendation or the failure to act on the recommendation through inadvertence must be provided in support of a request for an award.

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.  After carefully examining the evidence of record and the independent evidence submitted by the applicant, the Board concluded that there was an insufficient evidentiary basis on which to grant relief.  

2.  The applicant’s service record contains no information to support his claim of entitlement to the PH, and there are no medical records available that verify that he was treated for a wound by a medical officer or that this treatment was made a matter of official record.  Further, there is no indication in the service record that the applicant ever raised this issue subsequent to the date he claims he was wounded, or at the time of his separation when he was issued and signed a 
DD Form 214 that did not include the PH in block 24.

4.  While the Board was unclear as to the specific Commendation Medal being requested by the applicant, it was clear from the evidence or record, that he was not entitled to either a unit or individual Commendation Medal.  There is no indication to suggest that his not receiving this award was the result of a lost recommendation.  Therefore, the Board found no basis for relief in this area.  

5.  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 the aforementioned requirement.

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.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__ja____  __tsk____  ___ao___  DENY APPLICATION

						Karl F. Schneider
						Director, Army Review Boards Agency

INDEX

CASE ID	AR1999030121	
SUFFIX		
RECON		
DATE BOARDED	2000/03/22	
TYPE OF DISCHARGE	N/A	
DATE OF DISCHARGE	N/A	
DISCHARGE AUTHORITY	N/A	
DISCHARGE REASON	N/A	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1. 61	107.0015	
2.		
3.		
4.		
5.		
6.