MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           20 May 2003                  
	DOCKET NUMBER:   AR2002078238

	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. Melvin H. Meyer		Chairperson	
	Ms. Deborah S. Jacobs		Member	
	Mr. Jose A. Martinez		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 that he is entitled to the Purple Heart.

APPLICANT STATES:  In effect, he was wounded and medically evacuated from Vietnam to an Air Force hospital in Michigan and then to Walter Reed Army Hospital for shrapnel wounds.  He submits a single page from his service medical records to substantiate his case. 

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

The applicant entered active duty on 17 June 1968.  He completed basic combat training and advanced individual training with award of the military occupational specialty (MOS) 11B (Light Weapons Infantryman). 

The applicant’s records were not well maintained and there appear to be several gaps in the chronology of his service.  

The relevant entries on the applicant’s DA Form 20, shows that he departed Ft. Polk on 25 October 1968 enroute to Vietnam.  He arrived, as a student, at the “23rd AG Admin Co Repl Det”, on 20 November 1968.  The next two entries are lined out but report that the applicant was assigned to Company C, 1st Battalion, 20th Infantry Regiment, 23rd Infantry Division on 2 December 1968 and that he was dropped from the rolls on 15 August 1969, as a deserter.  The assignment information is reentered but without any reference to being dropped from the rolls.  His next reported assignment, Company B, 4th Battalion, 37th Armor, Ft Knox, was effective 30 January 1969.  The final entry in this section is his transfer to the Reserve on 5 January 1970.

The DA Form 20 lists the applicant’s awards and decorations as the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, the Combat Infantryman Badge, the Sharpshooter Badge with Machinegun Bar, and the Marksman Badge with Rifle Bar.

There is no evidence in the applicant’s record of any period AWOL (absent without leave) or that the applicant was ever dropped from the rolls of any unit. 

Headquarters, Walter Reed Army Medical Center Special Orders Number173, dated 19 August 1969, shows that the applicant transferred from Walter Reed to Fort Knox, Kentucky with a reporting date of 6 September 1969.
 
The applicant was released from active duty on 5 June 1970.  His DD Form 214, (Report of Transfer or Discharge) shows he had 2 years, 0 months, and 0 days of creditable service with no time lost.  He is shown to have served 6 months and 12 days in Vietnam from 16 November 1968 through 27 May 1969.  
The DD Form 214 lists his awards and decorations as the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal the Combat Infantryman Badge, and the Marksman Badge with Rifle Bar.

The applicant’s service medical records are not available.  The single page he submitted in support of his request has only two entries.  

A 14 October 1969 entry states that the applicant was returned from Vietnam in June 1969 for wounds; that he was treated at an Air Force hospital in Michigan for a positive tine test [a tuberculin test] and then transferred to Walter Reed for follow-up treatment for his wounds.  No specifics on the treatment for the wounds are included. 

The 3 November 1969 entry states that the applicant returned from Vietnam in June 1969 with multiple shrapnel wounds, but the reason for the entry is again a follow-up on his positive tine test.  

The Vietnam Casualty Roster and the historical files for the applicant’s unit in Vietnam were reviewed.  Neither source showed any indication that the applicant sustained wounds as a result of enemy action.  

Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) indicates that the unit to which the applicant was assigned was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation. 

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 VI, 2 November 1968 - 22 February 1969, and the Tet 69 Counteroffensive, 23 February 1969 - 8 June 1969.

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.
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 the applicant has submitted a medical record that indicates the he returned from Vietnam in June of 1969 with shrapnel wounds, unfortunately there is no evidence of combat or enemy origin or the nature or extent of treatment. 

2.  In light of the negative results of the reviews of Vietnam Casualty Roster and the applicant’s unit’s historical files, the Board finds that there is insufficient evidence to show that the applicant is entitled to award of the Purple Heart.

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 is requested to administratively correct the applicant’s records to reflect his entitlement to and award of the Sharpshooter Badge with Machinegun Bar, the Vietnam Service Medal with two bronze service stars, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__MHM__  __DSJ __  ___JAM _  DENY APPLICATION

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

INDEX

CASE ID	AR2002078238	
SUFFIX		
RECON		
DATE BOARDED	20030520	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY with note	
REVIEW AUTHORITY		
ISSUES         1.	PH 	
2.		
3.		
4.		
5.		
6.