MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:    

	BOARD DATE:           4 September 2003                   
	DOCKET NUMBER:   AR2002082382

	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. G. E. Vandenberg		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor, Jr. 		Chairperson	
	Mr. Frank C. Jones, II		Member	
	Ms. Barbara J. Ellis		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 his records be corrected to show award of the Purple Heart Medal.

APPLICANT STATES:  In effect, that he received combat wounds on or about 24 September 1971 to his left leg and left hand.

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

The applicant entered active duty on 9 April 1968.  He completed basic combat training and advanced individual training with award of the military occupational specialty (MOS) 13A (Artilleryman) with a subsequent conversion to 94B (Cook).

He served in Vietnam with Battery E (Machinegun), 41st Artillery Group from 25 September 1970 through 14 July 1971 and with the Service Battery, 7th Battalion, 15th Field Artillery Regiment from 15 July 1971 through 24 September 1971.

The applicant’s military medical records show that on 13 January 1971 he received a laceration to the back of his left thigh from a brass shell casing.  There is no indication that this injury was combat incurred.  A follow-up report, dated 19 January 1971, describes the wound as being from a .50 caliber bullet.

A DA Form 2173 (Statement of Medical Examination and Duty Status), dated 22 July 1971, shows treatment for gun shot wound to his left middle finger.  

The official (undated) line of duty (LOD) investigation report indicates that the self-inflicted accidental gunshot wound to the applicant’s left middle finger, on 22 July 1971, was in the line of duty.

The applicant was released from active duty on 4 April 1973.  His DD Form 214 (Report of Transfer or Discharge) lists his decorations as the Vietnam Service Medal with one bronze service star, the Republic of Vietnam Campaign Medal, and the Sharpshooter Badge with Rifle Bar.

The applicant’s DD Form 20 (Enlisted Qualification Record) shows that he was authorized the National Defense Service Medal, Vietnam Service Medal with one bronze service star, the Republic of Vietnam Campaign Medal, and the Sharpshooter Badge with Rifle Bar. 

The historical files at the National Archives College Park, Maryland, for the applicant’s units during his service in Vietnam were reviewed.  This review failed to identify the applicant as being entitled to award of the Purple Heart.

Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against an enemy or 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.

Army Regulation 600-8-22 provides that the Vietnam Service Medal is authorized for all members of the armed forces who served in Vietnam or its contiguous waters or airspace during the period 3 July 1965 through 28 March 1973.  Service on temporary duty must have been for 30 consecutive days or 60 nonconsecutive days.  It also authorizes a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriated campaign or service medal including the Vietnam Service Medal.  The designated campaign periods include but are not limited to: the Counteroffensive Phase VII, 1 July 1970 – 30 June 1971, and the Consolidation I, 1 July 1971 – 30 November 1971.  

Department of the Army General Orders 8 of 1974 awarded the Republic of Vietnam (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. 

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record and applicable law and regulations, it is concluded:

1.  The applicant's DD Form 214 does not list all of the decorations that the applicant is authorized.  Therefore, the Board will ask request ARBA St. Louis to administratively correct the record to reflect all of his awards.

2.  The applicant sustained two injuries during his period of service in Vietnam.  However, neither the wound to his leg and to his left hand is shown to have been the result of hostile action.  Therefore, entitlement to the Purple Heart is not shown.

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:  ARBA St. Louis will be asked to administratively correct the applicant’s records to show his authorized decorations as the National Defense Service Medal, the Vietnam Service Medal with two bronze service stars, the Republic of Vietnam Campaign Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Sharpshooter Badge with Rifle Bar.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__RVO__  ___FCJ__  __BJE __  DENY APPLICATION

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

INDEX

CASE ID	AR2002082382	
SUFFIX		
RECON		
DATE BOARDED	20030904	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.00- Purple Heart 	
2.		
3.		
4.		
5.		
6.