MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           17 October 2002
	DOCKET NUMBER:   AR2002077140

	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. Nancy L. Amos		Analyst	

  The following members, a quorum, were present:

	Ms. JoAnn H. Langston		Chairperson	
	Ms. Margaret V. Thompson		Member	
	Mr. Richard T. Dunbar		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:  Reconsideration of his request for award of the Purple Heart.

APPLICANT STATES:  That his weapon discharged in his quarters when a local Vietnamese woman tampered with his and his roommate's M-14 rifle.  He was hit in the right thumb and right hip as a result of the enemy acts of this woman.  He provides his Report of Transfer or Discharge, DD Form 214, as supporting evidence.

NEW EVIDENCE OR INFORMATION:  Incorporated herein by reference are military records which were summarized in a memorandum prepared to reflect the Board's original consideration of his case on 8 April 1981 (docket number A80-04502).

The applicant's new argument is that the Vietnamese woman who tampered with his rifle was an enemy agent.  His original argument was that a Vietnamese civilian employee was messing around an M-14 rifle.  He yelled at her to get away from it.  When she didn't, he threw a pillow at her which missed and knocked the loaded rifle to the floor causing it to discharge.

The applicant arrived in Vietnam on or about 11 January 1968 and was assigned to the 219th Aviation Company.  He was medically evacuated from Vietnam on 23 May 1968 after being credited with three campaigns.

A Statement of Medical Examination and Duty Status, DA Form 2173, was completed on 18 August 1969.  The DA Form 2173 noted that a military police investigation revealed the applicant hit the bunk on which the rifle was resting and the rifle fell to the floor and discharged one round which hit him in the right leg.

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.  It also provides for the wear of one bronze service star on the appropriate service medal for each credited campaign.

Department of the Army Pamphlet 672-3 shows that the 219th Aviation Company was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 27 March 1967 - 17 May 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.  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 of record to show a Vietnamese civilian woman (employee or otherwise) was involved in the incident which led to the applicant's injury.  The applicant has provided no evidence to show the alleged Vietnamese woman involved in the incident was an enemy agent.

3.  The applicant is eligible to wear three bronze service stars on his Vietnam Service Medal.  In addition, he was assigned to a unit during a period of time that unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and so is authorized to wear that unit award.

4.  The overall merits of the case, including the latest submissions and arguments, are insufficient as a basis for the Board to reverse its previous decision.

5.  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 will be directed to amend the applicant's DD Form 214 to show he was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and to show he is authorized to wear three bronze service stars on the Vietnam Service Medal.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__JHL__  __MVT__  ___RTD__  DENY APPLICATION

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

INDEX

CASE ID	AR2002077140	
SUFFIX		
RECON		
DATE BOARDED	2002/10/17	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.