MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           3 April 2003                  
	DOCKET NUMBER:   AR2002076729

	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. W. Osborn, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Samuel A. Crumpler		Chairperson	
	Mr. Roger W. Able		Member	
	Mr. Patrick H. McGann, Jr.		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.

APPLICANT STATES:  That he was wounded by fragments from an incoming mortar round in February 1970.

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

He was inducted on 18 July 1969.  He completed training as a field radio mechanic and was reported for duty in the Republic of Vietnam (RVN) with Headquarters and Headquarters Company (HHC) , 5th Battalion, 7th Cavalry. 1st Cavalry Division, on 19 January 1970.  On 14 February 1970, the applicant was transferred to A Company, 5th Battalion, 7th Cavalry and, on 12 March 1970, he was further transferred to HHC 15th Supply and Service Battalion, 1st Cavalry Division, on 12 March 1970.  He returned to the United States on 28 November 1970 and was separated, on 12 July 1971, with an honorable characterization of service and transferred to the Army Reserve in pay grade E-4. 

The applicant's DD Form 214 (Report of Transfer or Discharge) lists his authorized awards as the Army Commendation Medal, the Good Conduct Medal, the National Defense Service Medal, the Vietnam Service Medal with two bronze service stars, the Republic of Vietnam Campaign Medal with "1960-" device and the Sharpshooter Qualification Badge with Rifle Bar.

His DA Form 20 (Enlisted Qualification Record) does not list the Purple Heart as an authorized award in block 41 and block 40 (Wounds) is blank.

In March 1984 the applicant requested such service medical records as applied to a nervous condition and stomach condition for the purpose of "Service Connected Claim with VA."  He did not mention being wounded by enemy fire.

A July 1990 inquiry to a member of Congress is the first mention of the Purple Heart in his records.

A search of the Vietnam Casualty List does not show the applicant as a combat casualty.

Department of the Army General Orders 8 of 1974 awarded the RVN Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army, Vietnam and subordinate units for the period 20 July 1965 to 28 March 1973.

Army Regulation 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 by a medical officer, and the medical treatment must have been 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.  Unfortunately, there is no available evidence to show that the applicant was treated for a wound sustained as the result of enemy action.  Therefore, there is insufficient evidence to warrant an award of the Purple Heart.

2.  The Board notes that the applicant's unit was awarded the RVN Gallantry Cross with Palm Unit Citation.  This award may be added to his DD Form 214 administratively.  

3.  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.

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 is requested to issue a DD Form 215 (Correction to DD Form 214) to add the RVN Gallantry Cross with Palm Unit Citation to the applicant's authorized awards.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

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

INDEX

CASE ID	AR2002076729	
SUFFIX		
RECON		
DATE BOARDED	20030403	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.