MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           13 February 2003                   
	DOCKET NUMBER:   AR2002081335

	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. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor, Jr.		Chairperson	
	Ms. Gail J. Wire		Member	
	Mr. Robert J. Osborn		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 was told that he was awarded the Purple Heart, but it was not put on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  He contends that he had to request the Daily Staff Journal to prove he was entitled to the Purple Heart.  In support of his claim to award of the Purple Heart, he submitted a copy of the 1st Battalion 501st Infantry Daily Staff Journal for 25 November 1971. 

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

The applicant was inducted on 18 September 1970.  He completed initial entry training and was awarded military occupational specialty 11B (light weapons infantry).  The applicant served in Vietnam from 26 February 1971 to 29 November 1971.  He was honorably separated from active duty on 8 March 1972.  

The applicant's DD Form 214, which is authenticated in his own hand, does not show the Purple Heart as an authorized award in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized). 

There are no orders in the applicant’s service personnel records which show that he was awarded the Purple Heart.  There also is no evidence in his records that he was wounded or treated for wounds as a result of hostile action.  His 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).  The applicant's name is not listed on the Vietnam Casualty Roster.  

The applicant provided a copy of the 1st Battalion 501st Infantry Daily Staff Journal covering the period 25 November 1971.  Page three of the Daily Staff Journal contains an entry dated 2210 hours [10:10 PM] on 25 November 1971:

"At 252000 [8:00 PM on 25 November 1971] [the applicant's name omitted] received multiple fragment wounds from suspected grenade.  Bn [battalion] surgeon, Bn Co [battalion commander] and S3 [battalion operations officer] notified.  TOC [tactical operations center] requested Ambulance from 85th Evac [85th Evacuation Hospital].  Dispatched 3/4t [3/4 ton] and 1/4t [1/4 ton] trucks to C Co [C Company] area."

The next entry in the Daily Staff Journal is dated 2230 [10:30 PM] on 25 November 1971:

	"Fm [from] TOC:  At C-1/501 rear area approx [approximately] 2200 hrs [hours] [the applicant's name omitted] was injured by a grenade.  Grenade appeared to have been placed on a window ledge, triggering device unknown at this time.  At 2215 hrs, EM [enlisted man] was evaced [evacuated] by truck to 85th Evac.  EM received fragment wounds in the Chest and right arm." 

Two entries were made in the Daily Staff Journal at 2330 [11:30 PM] on 25 November 1971:

	"Fm Bn Co:  Request EOD [explosive ordinance disposal] team to investigate to determine exact type of weapon used."

"Fm TOC:  EOD Tm [team] believe grenade was an M33 or M67.  MP's [military police] and EOD Tm have departed C Co."

Review of the applicant's records reveals that he was entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation which is not shown on his DD From 214.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows that, at the time of the applicant’s assignment to the 1st Battalion, 501st Infantry, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters Department of the Army General Orders Number 6, dated 1974.  

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, 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.  The Board considered the applicant's request for award of the Purple Heart.  

2.  There is no evidence of record, and the applicant has provided no evidence, which shows that he was awarded the Purple Heart.  

3.  The applicant signed his DD Form 214 indicating that he was not awarded the Purple Heart.  There is no medical evidence which shows that the applicant was wounded as a result of hostile action or treated for wounds resulting from hostile action.  His name is not on the Vietnam Casualty Roster.

4.  The Daily Staff Journal submitted by the applicant makes no reference to the applicant sustaining wounds as a result of enemy action.  The Daily Staff Journal does, however, show he was wounded by a M33 or M67 which is a United States military hand grenade.  Further, the Daily Staff Journal indicates that the applicant was wounded in the Company C rear area, not in a combat operation in the field. 

5.  In the absence of evidence which shows that the applicant was wounded or treated for wounds resulting from hostile action, there is no basis for award of the Purple Heart in this case.

6.  The applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation; therefore, the Board determined that it would be appropriate to administratively correct the applicant's DD Form 214 to show this foreign unit award.  

7.  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.

8.  In view of the foregoing, there is no basis for granting the applicant's request for award of the Purple Heart.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

NOTE:  The Board requests that the Army Review Boards Agency Support Division-St. Louis correct the applicant's DD Form 214 to show award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__GJW__  __RVO__  __RJO___  DENY APPLICATION

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

INDEX

CASE ID	AR2002081335	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20030213	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY	MR CHUN	
ISSUES         1.	107.0015.0000	
2.		
3.		
4.		
5.		
6.