MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           12 SEPTEMBER 2002                   
	DOCKET NUMBER:   AR2002074966

	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:

	Mr. John N. Slone		Chairperson	
	Mr. Donald P. Hupman, Jr.		Member	
	Mr. William D. Powers		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:  Via an undated, self-authored statement, that he was "hit in both legs" while in a company area.  He noted in the statement that they tried to give him the Purple Heart but he "took [his] name off the list."  He also submits an undated statement from another individual who states the applicant was "hit in the back leg by scrapnel [sic]" and that the applicant was taken to the hospital where the shrapnel was removed.  The statement indicates the applicant was wounded on the morning of 8 March 1968 when they "took a direct hit by a rocket."  The applicant also submits what appears to be an extract from a publication listing soldiers who were killed between February 1968 and May 1968.

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

He was inducted and entered active duty on 7 August 1967.  Following successful completion of training he was assigned to Vietnam as a heavy truck driver with the 446th Transportation Company in January 1968.  The applicant remained in Vietnam until December 1968 when he returned to the United States.

Upon his return to the United States he was assigned to Fort McClellan, Alabama.  On 26 June 1969 the applicant underwent a separation physical examination.  The examination makes no mention of any wounds received as a result of hostile action.

On 27 June 1969 the applicant was awarded the Army Good Conduct Medal.  The 2nd Chemical Battalion at Fort McClellan published orders confirming the award.  The award, however, was not recorded on the applicant's separation document.

On 6 August 1969 the applicant was released from active duty.  Neither his 
DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), nor his DA Form 20 (Enlisted Qualification Record) reflects entitlement to the Purple Heart.  Item 40 (wounds) on his DA Form 20 is blank.  The applicant last authenticated his DA Form 20 in February 1969 and his DD Form 214 would have been authenticated on the date of his separation.

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.  The applicant's name is not on the Vietnam Casualty Roster.

As a result of the applicant's tour of duty in Vietnam he is entitled to the Republic of Vietnam Gallantry Cross Unit Citation with Palm and one silver service star on his Vietnam Service Medal.  The silver service star denotes participation in five designated campaign periods (Vietnam Counteroffensive-Phases III, IV, V, and VI and TET Counteroffensive).  While the Vietnam Service Medal is already reflected on the applicant's separation document, the Republic of Vietnam Gallantry Cross Unit Citation with Palm and silver service star were omitted.

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.  Although the applicant and another individual indicate the applicant was wounded while in Vietnam, there is no medical evidence which supports that claim.  In the absence of more compelling medical evidence that the applicant sustained a wound in Vietnam which required treatment by a medical doctor, the Board concludes there is insufficient evidence to award the Purple Heart.

2.  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 the Republic of Vietnam Gallantry Cross Unit Citation with Palm, one silver service star on his Vietnam Service Medal, and an Army Good Conduct Medal.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__JNS __  __DPH __  __WDP__  DENY APPLICATION

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

INDEX

CASE ID	AR2002074966	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020912	
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.