MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           19 March 2002                   
	DOCKET NUMBER:   AR2001065365

	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. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Ms. Shirley Powell 		Chairperson	
	Mr. Elzey J. Arledge 		Member	
	Mr. Stanley Kelley 		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:  Correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart, the Bronze Star Medal and two awards of the Air Medal.

APPLICANT STATES:  In effect, that he sustained a shrapnel wound to the right side of his head from a mortar attack in August 1968 at Cai Lai.  He contends that he was treated for his combat wound and was awarded the Purple Heart.  He also contends that he was awarded the Bronze Star Medal and two awards of the Air Medal for his service.  However, these awards are not listed on his DD Form 214.  In support of his application, he submits a letter to a Member of Congress, dated 26 March 2001, from the Military Awards Branch; a letter to a Member of Congress, dated 9 November 2001, from the National Personnel Records Center; and numerous medical records.

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

The applicant enlisted on 19 September 1967 for a period of 3 years.  He served as a field wireman in Vietnam from 4 March 1968 through 3 March 1969 and was honorably released on 18 September 1970.

The applicant’s DD Form 214, which was authenticated in his own hand, does not show the Purple Heart, the Bronze Star Medal or any award of the Air Medal as authorized awards.

There is no evidence in the applicant’s service personnel records or medical records which shows that he was awarded the Purple Heart or was wounded as a result of hostile action in Vietnam.

Item 40 (Wounds) on the applicant’s DA Form 20 (Enlisted Qualification Record) is blank.  Item 41 (Award and Decorations) on his DA Form 20 does not show entitlement to the Purple Heart.  The applicant’s name does not appear on the Vietnam Casualty Roster.

There is no evidence in the available records that the applicant was recommended for or awarded the Bronze Star Medal.  There are no orders for the Bronze Star Medal in the applicant’s service personnel records.   

There are no flight hours recorded in the applicant’s personnel records.  There also is no evidence that he met the qualifications for or was recommended for any award of the Air Medal.  

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, and the medical treatment must have been made a matter of official record.

Army Regulation 600-8-22 provides, in pertinent part, that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  The regulation also requires that recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.
  
Army Regulation 600-8-22 provides, in pertinent part, that the Air Medal is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight.  This award is primarily intended for personnel on flying status, but may also be awarded to those personnel whose combat duties require them to fly, for example personnel in the attack elements of units involved in air-land assaults against an armed enemy.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

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 contention that he was wounded in August 1968 at Cai Lai and was treated for that combat wound.  However, there is no evidence of record available to the Board, and the applicant has provided no evidence, to support this contention.  

2.  There is no evidence of record which shows the applicant was wounded or treated for wounds as a result of hostile action in Vietnam.  Therefore, there is insufficient evidence on which to base award of the Purple Heart in this case.

3.  The Board considered the applicant’s contention that he was awarded the Bronze Star Medal.  However, there is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he was recommended for or awarded the Bronze Star Medal.  Therefore, there is insufficient evidence on which to base award of the Bronze Star Medal in this case.

4.  The Board also considered the applicant’s contention that he was awarded two awards of the Air Medal.  However, there is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he was recommended for, awarded or otherwise qualified for award of the Air Medal.  Therefore, there is insufficient evidence on which to base any award of the Air Medal in this case.
5.  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.

6.  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

SP____  EJA______  SK______  DENY APPLICATION

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

INDEX

CASE ID	AR2001065365	
SUFFIX		
RECON		
DATE BOARDED	20020319	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.	107.0014	
3.	107.0018	
4.		
5.		
6.