MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            1 June 2000                  
	DOCKET NUMBER:    AR1999031241

	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. Edmund P. Mercanti		Analyst	

  The following members, a quorum, were present:

	Mr. James C. Hise		Chairperson	
	Mr. Raymond V. O'Connor, Jr.		Member	
	Mr. Melvin H. Meyer		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 her deceased husband, the former service member (FSM), be awarded the Purple Heart and any other awards to which the FSM was entitled.

APPLICANT STATES:  That her husband was wounded while in Vietnam.

In support of her application she submits VA records which show that her husband had been awarded a disability rating for superficial scars and residuals from a shell fragmentation wound to his upper back.

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

He was inducted on active duty on 8 November 1968, was awarded the military occupational specialty of light weapons infantryman, and served in Vietnam from 22 April to 20 September 1969.  His assignments while in Vietnam began on 3 May 1969 with Company B, 4th Battalion, 23rd Infantry Brigade, 25th Infantry Division.  He was reassigned to HHC and Band, 25th Infantry Division Support Command on 18 July 1969.  He completed his tour in Vietnam with his assignment to Detachment 1, 25th Division Augmentation Provisional AG Section on 3 September 1969.

He was honorably released from active duty on 6 November 1970.  In conjunction with his separation he was given a final type physical examination in which he was given physical profile limitations for “Back trouble – hurt by mortar.”  There are no other medical records contained in the applicant’s file.

The applicant’s DA Form 20, Enlisted Qualification Record, Item 40, Wounds, has no entries.

Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for wounds 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. 

DA Pamphlet 672-3 contains all of the units in Vietnam which were awarded unit citations.  This regulation states that Detachment 1, 25th Division Augmentation Provisional AG Section, was awarded the Meritorious Unit Commendation for the period covering 16 February 1969 through 28 February 1970.  This pamphlet also states that the 25th Infantry Division was awarded the Republic of 

Vietnam Civil Actions Medal First Class Unit Citation for the period covering 1 January 1966 through 21 January 1970.

In the processing of this case the Commander, Army Reserve Personnel Command (AR-PERSCOM) certified that the FSM was entitled to the Good Conduct Medal, the National Defense Service Medal, the Vietnam Service Medal, the Combat Infantryman Badge, and the Republic of Vietnam Campaign Ribbon with/Device (1960).  The AR-PERSCOM has already sent those awards to the applicant.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record and applicable law and regulations, it is concluded:

1.  Neither the fact that the FSM was given physical profile limitations because he was “hurt by [a] mortar” while serving in Vietnam, nor the fact that he was awarded a disability rating by the VA for residuals of a shell fragment wound, establish his entitlement to the Purple Heart in accordance with governing Army regulations.  

2.  The applicant’s records do not contain any record of his requiring medical treatment for a shell fragment wound, nor is there any explanation of how his back was hurt by a mortar. 

3.  However, the FSM was entitled to the Meritorious Unit Citation and the Republic of Vietnam Civil Actions Medal First Class Unit Citation.  This is an administrative matter, however, and does not require the authority of the Board to correct.

4.  The applicant’s request to be given the other awards earned by the FSM has already been accomplished by the AR-PERSCOM and need not be addressed by the Board.

5.  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 Commander, Army Reserve Personnel Command will be requested 
to administratively correct the FSM’s DD Form 214 to add the Meritorious Unit Citation and the Republic of Vietnam Civil Actions Medal First Class Unit Citation.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

___jch  __  ___rvo __  ___mhm_  DENY APPLICATION

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

INDEX

CASE ID	AR1999031241	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000601	
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.