ABCMR Memorandum of                                                             AR2002075078
Consideration (cont)

MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:    

	BOARD DATE:          4 March 2003                   
	DOCKET NUMBER:  AR2002075078

	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. Edmund P. Mercanti | | Analyst

  The following members, a quorum, were present:

| Mr. Raymond J. Wagner | | Chairperson
| Mr. William D. Powell | | Member
| Ms. Linda M. Baker | | 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 he be awarded the Purple Heart (PH).

APPLICANT STATES:  That he was wounded in action on 6 June 1968 in Vietnam.

In support of his request, the applicant submits a newspaper clipping which reports that the applicant was wounded in action on 6 June 1968.  In that newspaper clipping is a photograph of the applicant in full dress uniform.

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

He enlisted in the Regular Army on 28 August 1967.  He was awarded the military occupational specialty (MOS) of infantryman and was assigned to an infantry unit in Vietnam on 25 February 1968.

On 14 June 1968, the applicant’s status changed from present for duty to patient.

He departed Vietnam on 14 June 1968 and was assigned to a unit in the Continental United States.

During the applicant’s military service, he was Absent Without Leave (AWOL) from 15 to 24 March 1969; 9 to 27 May 1969; and 7 June to 11 July 1969. 

During the applicant’s last period of AWOL, on 7 July 1969 he was hospitalized for a gunshot wound to his foot.  He reported that the gunshot wound was accidentally self inflicted.  A formal line of duty investigation was conducted into the wound and it was determined to have been incurred not in line of duty, due to own misconduct.

He was assigned to a unit in Germany on 28 January 1970.

In addition to the punishments he accepted for his periods of AWOL, he accepted nonjudicial punishment on 2 September 1970 for being disorderly in command in that he was loud and inebriated.

Item 40, Wounds, of the applicant’s Enlisted Qualification Record (DA Form 20), is blank.

On 30 September 1970, the applicant was honorably released from active duty in pay grade E-1 and transferred to the Army Reserve Control Group (Reinforcement).  His last assignment was a medical holding company at an Army hospital.  

The applicant’s separation document shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal, and the Vietnam Campaign Medal with 1960 Device.

Army Regulation 600-8-22 provides, in pertinent part, that the PH 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.

In the processing of this case, the historical files of the applicant’s unit were reviewed as well as casualty files compiled by the Department of the Army Office of The Surgeon General.  The review failed to locate orders awarding the applicant the PH.

Department of the Army Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, indicates that all Army units serving in Vietnam between 20 July 1965 and 28 March 1973 are authorized the Republic of Vietnam Gallantry Cross Unit Citation with Palm.  That publication also shows the pertinent identified campaign periods, for which a bronze service star is authorized for wear on the Vietnam Service Medal, as follows:  Tet Counteroffensive started on 29 January 1968, and Counteroffensive Phase IV started on 1 April 1968 and ended on 30 June 1968.

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.  While it is clear that the applicant was hospitalized while in Vietnam, there is no indication what condition caused the hospitalization.  It is noted that the applicant was hospitalized just prior to his separation from the Regular Army as well as when he was in Vietnam.

2.  Because the newspaper clipping included a photograph of the applicant in his dress uniform, it would appear that the information contained in that article came from the applicant’s parents, not the Department of the Army.  As such, that article is not sufficient in and of itself to warrant awarding the applicant the PH.

3.  The applicant’s record of disciplinary infractions bring into question whether his hospitalization in Vietnam may have been the result of misadventure, rather than combat.

4.  However, the Board notes that the applicant is entitled to two bronze service stars to wear on his already issued Vietnam Service Medal, and the Republic of Vietnam Gallantry Cross Unit Citation with Palm.  Since the addition of these awards is administrative, the Board is not required to direct their issue.

5.  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:  The Army Review Boards Agency, St. Louis, Missouri, will be requested to add two bronze service stars to wear on his already issued Vietnam Service Medal, and the Republic of Vietnam Gallantry Cross Unit Citation with Palm.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

___rjw___  ____wdp_  ____lmb_  DENY APPLICATION

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

INDEX

CASE ID | AR2002075078
SUFFIX |
RECON | YYYYMMDD
DATE BOARDED | 20020304
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. |