MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:           16 July 2002                  
	DOCKET NUMBER:   AR2002070709

	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. W. E. Schnupp		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Melvin H. Meyer . 		Member	
	Mr.  .Donald P. Hupman 		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 two separate applications, that he be awarded the Purple Heart and the Air Medal with three oak leaf clusters.

APPLICANT STATES:  That while he was an infantry advisor with the Army of the Republic of Vietnam on a combat operation in February 1964, he stepped in a punji pit and drove a bamboo spike through his left big toe.  He was told that since the US was not at war at that time, he could not get a Purple Heart for the wound.  He states further, that after completion of his 1-year tour with the 101st Airborne Division, he left his flight records, listing well over 100 hours of flight over enemy territory, with the brigade base camp in Vietnam, but he never received the Air Medal.

In support of his requests, he submits photographs of his toes taken at the military hospital where the wounds were treated; a copy of his letter attempting to find the physician who treated his wounds; an extract of his DA Form 20 (Enlisted Qualification Record) showing his assignment in Vietnam; a copy of a 101st Airborne Division special order, in support of his Air Medal request, that incorrectly shows he had already departed Vietnam when, in fact, he hadn’t and a statement from his former operations officer, supporting his request for the Air Medal with three oak leaf clusters.

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

He retired from the active Army as a sergeant major with over 20 years of service on 31 July 1967.   

His DA Form 20 reflects that he completed two tours of duty in Vietnam, from August 1963 to August 1964, and July 1965 through May 1966.  Item 40 (wounds) of the DA Form 20 does not show that he suffered any wounds during his service, nor, does item 41 (awards and decorations) show that he was awarded the Purple Heart or the Air Medal.

The applicant’s Military Personnel Records Jacket (MPRJ) contains no documentation pertaining to his injury in Vietnam or record of the aerial flights he says he participated in for purposes of qualifying for the Air Medal.  

His medical records were not provided to the Board; however, the Vietnam Casualty Roster does not show that he was listed as a casualty during his service there.

Army Regulation 600-8-22, Military Awards, 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 by a medical officer, and the medical treatment must have been made a matter of official record.
The same regulation provides in pertinent part, that the Air Medal is awarded to any person who, while serving in any capacity in or with the US Army, will have distinguished himself or herself by meritorious achievement while participating in aerial flight.  Awards may be made to recognize single acts of merit or heroism, or for meritorious service.  Numerals starting with 2 will be used to denote second and subsequent awards of the Air Medal.  (However, at the time of the applicant’s service in Vietnam, oak leaf clusters were used to denote second and subsequent awards of the Air Medal.)

United States Army Vietnam (USARV) Regulation 672-1, Awards, provides in pertinent part, that individuals recommended for award of the Air Medal for sustained operations, as opposed to award for a single act of achievement or heroism, must complete a minimum of 25 Category I missions and have accrued a minimum of 25 hours of flight time (Category I missions are performed in an assault role in which a hostile force is engaged); 50 Category II missions and have accrued a minimum of 50 hours of flight time (Category II missions are characterized by support rendered a friendly force immediately before, during or immediately following a combat operation); 100 Category III missions and have accrued a minimum of 100 hours of flight time (Category III missions are characterized by support of friendly forces not connected with immediate combat operation but must be conducted at altitudes that make the aircraft vulnerable to small arms fire).

The individual’s accomplishments and service for the entire group of missions must reflect meritorious performance throughout, with no instance of nonprofessionalism, mediocrity or failure to display an offensive spirit.

USARV Form 131, Awards and Qualification Record (Air Medal), will be used to record data required for determining eligibility of the Air Medal.

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.  The applicant’s MPRJ contains no evidence substantiating that he was wounded as a result of enemy action in Vietnam.

2.  While he has furnished pictures of an injury to his foot, such evidence is acceptable only when corroboration is possible from official sources showing that the injury occurred as a direct result of enemy actions.  In the absence of official medical or other records showing the circumstances of the injury, there is insufficient evidence for the Board to award the Purple Heart.

3.  USARV regulations required a significant amount of mission information before a determination of eligibility for the Air Medal was possible.  The applicant says, however, that his flight records were left in Vietnam and he is able to provide only a statement from his former operations officer and a copy of his assignment orders and DA Form 20 to support his contention that he completed the necessary requirements for the Air Medal with three oak leaf clusters.  Unfortunately, viewing the evidence he submits, as well as that contained in his MPRJ, it is not possible to determine his eligibility for the Air Medal.  

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.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

___dph___  ___fne__  __mhm__  DENY APPLICATION

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

INDEX

CASE ID	AR2002070709	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	YYYYMMDD	
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.  107.00		
2.		
3.		
4.		
5.		
6.