MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 4 April 2002
         DOCKET NUMBER: AR2001064441

         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. Rosa M. Chandler		Analyst

The following members, a quorum, were present:

Mr. Arthur A. Omartian		Chairperson
Mr. Roger W. Able		Member
Ms. Karen Y. Fletcher		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)

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APPLICANT REQUESTS: That his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show award of the Purple Heart (PH).

APPLICANT STATES: That he received two head injuries as a result of hostile action and believes that he is entitled to award of the Purple Heart (PH). He requests that his service medical records be reviewed in support of his request. He adds that he has a claim (Number C29-106-891) pending with the Department of Veterans Affairs (DVA) in Waco, Texas.

In support of his application, he submits the following documents. He submits a notarized statement, dated 12 July 2001, from a former comrade-in-arms who states that the applicant was struck in the head and rendered unconscious by an enemy soldier near Nui Ba Din in the vicinity of Tay Ninh, Republic of Vietnam, in May 1969. He also submits a notarized statement, dated 25 July 2001, from a former comrade-in-arms who states that, in the spring (March or April) of 1969, he led a LRP (Long Range Reconnaissance) Team into the Hobo Woods area approximately 19 miles north-northwest of Saigon, Republic of Vietnam. He states that the LRP Team was inserted surreptitiously into the area by helicopters sent to extract a unit conducting a sweep. The LRP members were supposed to roll out one side of the helicopter as the extracted soldiers were loading on the other side. He said that the applicant became “entrapped” in the helicopter and did not perform the “roll-off” as planned. When the helicopter lifted off the ground, he was dangling from the door, striking his head on the landing skid before ultimately falling to the ground “unconscious and bleeding.” He also submits a Ranger After Action Report, dated 18 May 1969, detailing events that occurred on 15 May 1969. It shows that the applicant participated in an intelligence gathering mission. Finally, the applicant submitted his DD Form 214.

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

That he was inducted into the Army of the United States on 29 April 1968. Upon completion of all required military training, he was awarded military occupational specialty (MOS) 95B (Military Policeman). On 12 September 1968, he arrived in the RVN and on 27 September 1968, he was assigned to the 25^th Military Police Company, 25^th Infantry Division where his principal duties were those of a military police.

On 26 February 1969, he was assigned to Troop D, 3^rd Squadron, 4^th Calvary Division, 25^th Infantry Division. His principal duties are unstated.

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On 11 March 1969, he was assigned to Company F, 75^th Infantry (Rangers), 25^th Infantry Division, with principal duties as a senior scout observer.

On 17 September 1969, he departed Vietnam and returned to the United States. On 3 October 1969, he was assigned to Fort Hamilton, New York, for duty as a military policeman. He was honorably released from active duty on 28 April 1970. His DD Form 214 shows that he was awarded the National Defense Service Medal, the Good Conduct Medal, the Vietnam Service Medal (VSM), the Vietnam Campaign Medal, the Sharpshooter Badge (Rifle) and two overseas service bars.

The applicant's DA Form 20 (Enlisted Qualification Record) reflects "None" in Item 40 (Wounds). The applicant's available medical records are limited and contain no evidence of the injuries that are discussed in the eyewitness statements. He received a physical evaluation when he was separated and his Standard Form 88 (Report of Medical Examination), dated 6 April 1970, shows that he was determined to be qualified for separation. Item 18 (Head, Face, Neck and Scalp), is annotated "Normal" and he failed to note any wounds or injuries incurred due to hostile action. Item 39, (Modifying Body Marks, Scars, Tattoos) is annotated "None."

Army Regulation (AR) 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments. It provides, in pertinent part, that the PH is awarded for a wound sustained as a result of hostile action. Substantiating evidence must be provided to verify that: (1) the wound was the result of hostile action; (2) the wound required medical treatment; and (3) the medical treatment was made a matter of official record.

AR 600-8-22 also authorizes award of a BSS, based on qualifying service, for each campaign listed in Appendix B of that regulation and states that authorized bronze service stars will be worn on the appropriate service medal to include the VSM. According to the applicant's records, he served in Vietnam during the following campaigns: Vietnam Counteroffensive, Phase V; Vietnam Counteroffensive, Phase VI; Tet 69 Counteroffensive; and Vietnam Summer-Fall 1969.

Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. This document shows that the applicant's units were cited for award of the RVN Gallantry Cross with Palm Unit Citation, for the period 1 September 1968 to 30 September 1970 by Department of the Army General Order Number 5, dated 1973; and the RVN Civil Actions Honor Medal, First Class Unit Citation for the period 1 June 1966 to 21 January 1970 by Department of the Army General Order Number 51 dated 1971. The applicant's DD Form 214 does not show these awards as authorized awards because they were awarded to his unit after he had been honorably released from active duty.

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. 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.

2. To be awarded the Purple Heart, the applicant would have to show that he was wounded and that: (1) the wound was the result of hostile action; (2) the wound required medical treatment; and (3) the medical treatment was made a matter of official record. In the absence of medical documentation, eyewitness statements that were written more than 30 years after the fact do not sufficiently show that the applicant was wounded as a result of hostile action. Therefore, no basis has been established for award of the PH.

3. In view of the foregoing, there is no basis for granting the applicant's request. However, a review of the applicant’s records shows that he is entitled to correction of his record to show award of four BSS's for wear on his VSM, the RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal, First Class Unit Citation. It would now be appropriate to administratively correct the applicant's record accordingly.

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DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

NOTE: Request that the Army Review Boards Agency, Support Division, St. Louis furnish the individual concerned a DD Form 215 (Correction to DD Form 214) to show in Item 24 that he was awarded four BSS's for wear on his VSM, the RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal, First Class Unit Citation.

BOARD VOTE:

________ ________ ________ GRANT

________ ________ ________ GRANT FORMAL HEARING

__AAO__ __RWA__ __KYF___ DENY APPLICATION

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

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INDEX

CASE ID	AR
SUFFIX
RECON
DATE BOARDED	20020404
TYPE OF DISCHARGE
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY
ISSUES 1.
2.
3.
4.
5.
6.