MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:           17 January 2002
	DOCKET NUMBER:   AR2001062853

	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. Robert J. McGowan		Analyst	

  The following members, a quorum, were present:

	Ms. Jennifer L. Prater		Chairperson	
	Mr. Christopher J. Prosser		Member	
	Mr. Kenneth W. Lapin 		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 he be awarded the Purple Heart (PH).

APPLICANT STATES:  That during the Vietnam War, he was assigned to Fire Support Base (FSB) Rita as an artilleryman.  On 1 November 1968, the enemy attacked and overran his FSB.  During the fight, he was fighting the enemy and carrying wounded to safety when he was hit in the left arm by shrapnel.  When the fight ended, a medic bandaged his wound and said he would receive the PH. He said at the time he didn't want the medal, but now he does.  In support of his application, he submits a letter from a comrade who witnessed his wounding and two pictures of himself with a bandage on his left arm.

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

He was inducted into the Army of the United States for 2 years on 13 July 1967.  He underwent basic combat training (BCT) at Fort Dix, New Jersey, and field artillery advanced individual training (AIT) at Fort Sill, Oklahoma.  He was awarded military occupational specialty (MOS) 13A (cannoneer) and sent to Vietnam.

In Vietnam, he was assigned to 8/6 Artillery, 1st Cavalry Division at FSB Rita, near Tong Le Chon, Vietnam.  At 0330 hours, 1 November 1968, the FSB came under intense enemy rocket and mortar fire, followed by a fierce ground attack that penetrated the FSB's defensive perimeter.  The applicant completely disregarded his personal safety as he repeatedly moved through a hail of bullets to carry wounded comrades to safety.  For his actions, he was awarded the Bronze Star Medal (BSM) with "V" Device (for valor).  General Orders Number 12966, Headquarters, 1st Cavalry Division, dated 10 December 1968 announced the award.  The citation for the award does not mention that the applicant was wounded.

There is no evidence in the applicant's records to show that he was ever treated for a wound in Vietnam.

The applicant departed Vietnam on 12 December 1968 for reassignment to Fort Hood, Texas, from which he was separated with an honorable discharge on 11 July 1969.  His DD Form 214 (Report of Transfer or Discharge) credits him with receiving the National Defense Service Medal, Vietnam Service Medal with 1 Bronze Service Star, the Vietnam Campaign Medal, and the Marksman Marksmanship Badge (Rifle).

Army Regulation (AR) 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments.  It states, in pertinent part, that the PH is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify that:  (1) the wound was the result of hostile action; (2) the wound required medical treatment; and (3) the medical treatment was 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.  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.

2.  There is no evidence in the applicant's record, nor has he provided any, to show that he is entitled to the PH.  The statement from a comrade that the applicant was wounded on 1 November 1968 is not a substitute for medical documentation of a wound.  The pictures of an unidentified soldier with a bandage on his arm are likewise insufficient to justify award of the PH without medical documentation of treatment.

3.  The applicant's citation for award of the BSM does not mention that he was wounded.  Normally, such citations will indicate words to the effect, "Despite being wounded himself, he continued to . . ." if the cited soldier was wounded.

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.

NOTE:  The Board notes that the applicant's DD Form 214 does not reflect his award of the BSM with "V" Device.  The Army Review Boards Agency Support Division - St. Louis is directed to issue a DD Form 215, Correction to DD Form 214, showing that the applicant received this award.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__JLP __  __CJP___  ___KWL_  DENY APPLICATION

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

INDEX

CASE ID	AR2001062853	
SUFFIX		
RECON		
DATE BOARDED	20020117	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY	DIRECTOR	
ISSUES         1.	107.0015	
2.	107.0014	
3.		
4.		
5.		
6.