MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:             23 May 2002
	DOCKET NUMBER:     AR2001063626

	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. Walter Avery, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Mark D. Manning		Chairperson	
	Mr. Lester Echols		Member	
	Ms. Karen Y. Fletcher		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 his military records be corrected to show he was awarded the Purple Heart.

APPLICANT STATES:  That he never received a Purple Heart for an injury he received in approximately April 1968 while serving in combat in Vietnam.  He was wounded by shrapnel from a claymore mine detonation in the area of Phu Bai, Vietnam.  The incident involved a staff sergeant (name unknown) and a Specialist T.K.  He states that he is submitting a copy of a telegram that was sent from a congressman's office to his parents informing them of his injury, however the telegram was not included with his request.

The applicant submits no sworn affidavits, certificates, orders, corroborating statements from commanders, leaders, fellow comrades or health care personnel who had personal knowledge of the circumstances and events relative to this request.

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

He entered the Regular Army on 1 February 1967.  He was trained as an infantryman, and he achieved the rank of specialist.  He served in Vietnam from approximately 14 February 1968 through 24 June 1968.  He had 24 days of lost time, and was honorably separated on 27 September 1968.

His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) reflects that he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, the Parachutist Badge and the Combat Infantryman Badge.  The Purple Heart is not listed as an authorized award. 

The applicant’s DA Form 20 (Enlisted Qualification Record) does not show any entry in item 40 (Wounds) or list the Purple Heart in item 41 (Awards and Decorations).

On 19 September 1968, the applicant underwent a physical examination for the purpose of a hardship separation.  In his own hand he indicated that his health was good and he made no entries concerning an injury suffered in combat.

AR 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound 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, and the medical treatment must have been made a matter of official record.

The same regulation provides that one bronze service star is authorized for the Vietnam Service Medal for each campaign when assigned or attached to and present for duty with a unit during the period in which it participated in combat, or was under order to such unit in a combat zone.  Based on the applicant’s dates of service in Vietnam, he participated in two campaigns of the Vietnam War.

DA Pamphlet 672-3, lists units that have been awarded unit citations, campaign and occupation credit, assault credit and foreign awards.  This register shows that during the period of the applicant’s assignment to the 1st Battalion 506th Infantry, it was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 20 July 1965 through 28 March 1973, the Valorous Unit Award for the period 13 June through 23 September 1968, and the Meritorious Unit Commendation for the period 14 March through 3 October 1968.

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.  There is no evidence of record, and the applicant has provided no evidence, which shows that he was awarded the Purple Heart or that he was treated for wounds as a result of hostile action.  Neither is there any evidence that a unit or hospital commander may have awarded him the Purple Heart. 

2.  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 satisfies this requirement.

3.  Nonetheless, in reviewing his case it was noted that he is entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Valorous Unit Award, the Meritorious Unit Commendation, and the Vietnam Service Medal with two bronze service stars.  Accordingly, the Army Review Board Agency Support Division, St. Louis will be requested to issued him a correction to his separation document reflecting these awards.

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 Army Review Boards Agency Support Division, St. Louis will be requested to provide the applicant with a correction to his separation document 
which shows he was awarded the Vietnam Gallantry Cross with Palm Unit Citation, the Valorous Unit Award, the Meritorious Unit Commendation and the Vietnam Service Medal with two bronze service stars.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__kyf____  ___mdm_  ___le ___  DENY APPLICATION

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

INDEX

CASE ID	AR2001063626	
SUFFIX		
RECON		
DATE BOARDED	20020523	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION		
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.