MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           07 MARCH 2002                   
	DOCKET NUMBER:   AR2001065468

	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	
	Ms. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. John P. Infante		Member	
	Ms. Regan K. Smith		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:  Award of the Purple Heart.  

APPLICANT STATES:  He sustained a wound to his left leg in October 1969 from "incoming artillery or mortar fire" but never received the Purple Heart.  He submits no evidence in support of his request.

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

He was inducted and entered active duty on 9 January 1969.  He successfully completed basic and advanced individual training as an infantryman.  He arrived in Vietnam on 23 June 1969 and was initially assigned to a replacement detachment for additional training but was ultimately assigned to Company D, 2nd Battalion, 3rd Infantry, 199th Infantry Brigade on 7 July 1969.  He remained with that unit for the duration of his tour of duty in Vietnam.

Service medical records indicate the applicant was treated for "sore feet" on 
14, 15, and 16 October 1969, but there is no evidence he was ever treated for a leg wound sustained as a result of hostile fire.

Prior to departing Vietnam, on 19 June 1970, the applicant was promoted to pay grade E-4 and awarded two awards of the Army Commendation, an Air Medal, and the Combat Infantryman Badge.  His conduct and efficiency ratings while in Vietnam were excellent.

Upon his return to the United States, the applicant was assigned to Fort Carson, Colorado.  Although his conduct and efficiency ratings while at Fort Carson are unknown, he was promoted to pay grade E-5 on 17 September 1970.

The applicant underwent a separation physical examination on 1 October 1970.  Neither he nor his examining physician noted treatment for any leg wounds sustained as a result of hostile action in Vietnam.

On 9 October 1970 the applicant was released from active duty with an honorable characterization of service.  Although his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does reflect entitlement to one Army Commendation Medal and the Combat Infantryman Badge, his second Army Commendation Medal and his Air Medal were omitted.

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.

By virtue of the applicant’s assignment in Vietnam, between June 1969 and June 1970, he is entitled to the Republic of Vietnam Gallantry Cross Unit Citation with Palm, the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation, and three bronze service stars on his Vietnam Service Medal.  His separation document currently reflects only one bronze service star on his Vietnam Service Medal.

Army Regulation 600-8-22 provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  Current practice requires that the commander provide written notice of nonfavorable consideration and permits the individual to respond.  There is no evidence in the applicant's official military personnel file that his commander ever disqualified him for award of the Good Conduct Medal and the applicant’s records indicate he met requirements for the 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.  While the applicant may have been treated for sore feet while in Vietnam, there is no evidence, and the applicant has not provided any, which confirms he was wounded as a result of hostile action while in Vietnam.  There is no basis for an award of 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 would satisfy that requirement.

3.  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:  Officials at the ARBA Support Division in St. Louis are requested to administratively correct the applicant’s separation document to reflect award of two Army Commendation Medals, an Air Medal, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation, three bronze service stars on his Vietnam Service Medal, and an Army Good Conduct Medal.)

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

___RVO_  __JPI     _  __RKS   _  DENY APPLICATION

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

INDEX

CASE ID	AR2001065468	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020307	
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.	142.00	
2.		
3.		
4.		
5.		
6.