MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            29 May 2003
	DOCKET NUMBER:   AR2002078750

	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. Jessie B. Strickland		Analyst	

	The following members, a quorum, were present:

	Mr. Luther L. Santiful		Chairperson	
	Mr. Lester Echols		Member	
	Mr. Frank C. Jones		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.

APPLICANT STATES:  In effect, that in April 1970, while driving the company truck loaded with supplies, he was ambushed by the enemy with rocket propelled grenades (RPG) and lost control of the truck.  As a result, he hit his face and mouth on the dashboard.  He was experiencing so much pain the next day that he sought dental treatment and was given pain medication, took x-rays and then received an operation on his mouth.  In support of his application he submits a copy of his dental treatment record and a letter from the attending dentist at the time.

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

He was inducted in Pittsburgh, Pennsylvania, on 18 February 1969.  He successfully completed his training and was transferred to Vietnam on 17 August 1969, for duty as an armor crewman with K Troop, 3rd Squadron, 11th Armored Cavalry Regiment.  He was advanced to the pay grade of E-4 on 5 November 1969.

He departed Vietnam on 16 August 1970 and was transferred to Fort Knox, Kentucky, where he remained until he was honorably released from active duty (REFRAD) on 13 January 1971, for the purpose of attending school.  He had served 1 year, 9 months and 26 days of total active service and his report of separation (DD Form 214) shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal and the Republic of Vietnam Campaign Medal with 60 device.

In February 1986, the Army Reserve Personnel Center (ARPERCEN) authorized the issuance of the Army Commendation Medal (ARCOM), the Good Conduct Medal (GCMDL), 4 bronze service stars for wear on his VSM, and the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/Palm) Unit Citation.  However, there is no indication that they were ever added to his DD Form 214.

A review of the applicant's dental treatment record shows that he received dental treatment on 10 April and 24 April 1970.

The letter provided by the applicant with his application is a letter from the attending dentist in April 1970 in which he is responding to a letter written to him by the applicant soliciting assistance to obtain the award of the Purple Heart. The dentist indicates that while he did not remember all of the details, he did remember that the injury was the result of an ambush. 

A review of the available records fails to show that he was ever reported as a casualty or that he was awarded the Purple Heart.  Additionally, a staff member of the Board researched unit records at the National Archives in College Park, Maryland, and found no record of an ambush occurring during the timeframe described by the applicant.  

Army Regulation 600-8-22 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 a result of hostile action, that the wound must have required treatment by a medical officer, and that the medical treatment was made a matter of official record.

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 attending dentist supports the applicant's contention that he is entitled to the award of the Purple Heart, the Board finds that there is insufficient evidence to corroborate the dentist's recollections some 19 years after the fact.

2.  Accordingly, the Board finds that the lack of sufficient evidence to support his contention that he was injured when he was ambushed on or about 9 April 1970, warrants that the Board disapprove his request to be awarded the Purple Heart.

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:  The Army Review Boards, Support Division will be requested to correct the applicant's DD Form 214 to show awards of the ARCOM, GCMDL, RVNGC w/Palm Unit Citation and four bronze service stars on his VSM.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__fcj  ___  ___ls ___  ___le____  DENY APPLICATION

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

INDEX

CASE ID	AR20002078750	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2003/05/29	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  61	107.0015/PH	
2.		
3.		
4.		
5.		
6.