MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            04 JUNE 2002                  
	DOCKET NUMBER:   AR2001066139

	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. Deborah L. Brantley | | Senior Analyst

  The following members, a quorum, were present:

| Ms. Jennifer L. Prater | | Chairperson
| Mr. Arthur A. Omartian | | Member
| Ms. Regan K. Smith | | 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 wounded during a rocket attack on his compound on 26 October 1967.  In support of his request he submits an undated newspaper article noting an enemy attack on "U.S. military installations at Pleiku and Lai Khe" in which one person was killed and 20 others wounded.  He also submits two undated photographs (one of an individual with a bandage on his nose and the other of an individual holding a piece of scrap metal), and extracts from his medical records noting treatment of a "traumatic laceration" to the inside of his nose on 27 October 1967 and a July 1977 medical document noting a "foreign body" in the applicant's left hand.  The applicant maintains that both injuries resulted from the 26 October 1967 rocket attack on his compound.

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

He entered active duty on 3 October 1966.  While undergoing training he was awarded a Sharpshooter Badge with "Rifle" bar, which was omitted from his 1969 separation document.  

The applicant served in Vietnam between August 1967 and May 1969.  He was released from active duty on 10 May 1969.  His separation document reflects entitlement to the National Defense Service Medal, Vietnam Service Medal and Vietnam Campaign Medal.

The medical documents submitted by the applicant do not confirm the applicant's "traumatic laceration" to his nose in 1967 or the "foreign body" in his left hand resulted from hostile action.  The newspaper article is undated and does not list any individuals by names.  His separation physical examination, conducted in conjunction with his release from active duty, makes no reference to treatment of any wounds sustained as a result of hostile action, and the applicant's name is not listed on the Vietnam Casualty List.

Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for wounds 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.

By virtue of the applicant's service in Vietnam he is entitled to one Republic of Vietnam Gallantry Cross Unit Citation with Palm, and a bronze and silver service star on his Vietnam Service Medal denoting participation in six designated campaign periods (Vietnam Counteroffensive-Phases III, IV, V, VI, TET Counteroffensive, and TET 69 Counteroffensive).

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.  While the Board does acknowledge that the applicant received treatment for an injury to his nose in 1967 while in Vietnam, there is insufficient evidence to confirm that the applicant's "traumatic laceration" and the "foreign body" in his left hand resulted from hostile action.  As such, the Board concludes there is no basis to award the applicant the Purple Heart.

2.  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 that requirement.

3.  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:  Officials at the ARBA Support Division in St. Louis are requested to administratively correct the applicant’s separation document to reflect award of a Sharpshooter Qualification Badge with "Rifle" bar, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, and a bronze and silver service star on his Vietnam Service Medal.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__JLP  __  __AAO __  __RKS __  DENY APPLICATION

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

INDEX

CASE ID | AR2001066139
SUFFIX |
RECON | YYYYMMDD
DATE BOARDED | 20020604
TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE | YYYYMMDD
DISCHARGE AUTHORITY | AR .  .  .  .  .
DISCHARGE REASON |
BOARD DECISION | DENY
REVIEW AUTHORITY |
ISSUES         1. | 107.00
2. |
3. |
4. |
5. |
6. |