MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        

         BOARD DATE: 4 February 2003
         DOCKET NUMBER: AR2002069223


         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. Walter Avery, Jr.		Analyst

The following members, a quorum, were present:

Mr. Melvin H. Meyer		Chairperson
Mr. Curtis L. Greenway		Member
Mr. Ronald J. Weaver		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: Reconsideration of his previous applications to correct his military records by awarding him the Purple Heart.

APPLICANT STATES: In effect, that he sustained a wound to his chest as the result of a land mine detonation in Vietnam.

NEW EVIDENCE OR INFORMATION: Incorporated herein by reference are military records, which were summarized in a memorandum, prepared to reflect the Board's previous consideration of the case AC98-07871 on 3 June 1998 and memorandum AR2000044909 on 12 October 2000.

The applicant provided a copy of DA Form 1594 (Daily Staff Journal or Duty Officer's Log) and an eyewitness statement.

The DA 1594, was prepared for the 4^th Battalion, 12^th Infantry on 13 August 1969. It reports that a soldier with the same first initial as the applicant, but a last name spelled slightly different than the applicant's was wounded in action with chest wounds and was sent to the battalion aid station for treatment.

The eyewitness statement recalls that he and the applicant participated in a night ambush patrol. The applicant's team became trapped in an uncharted mine field and detonated some of the mines. He, the eyewitness, worked his way out to the applicant's team and found dead and wounded soldiers. The applicant was one of those wounded and he was airlifted to the hospital with chest and hand wounds.

The applicant’s submission is new evidence that requires Board consideration.

Previously considered was the citation for the Army Commendation Medal awarded to a fellow soldier who also provides the submitted eyewitness statement. The citation reflects that the eyewitness was participating in a night ambush patrol when members of his team became trapped in a friendly unchartered minefield.

His DA Form 20 (Enlisted Qualification Record) reflects that he was assigned to Company C, 4^th Battalion, 12^th Infantry, 199^th Infantry Brigade from 17 February 1969 through 26 January 1970.

The applicant’s name is not listed on the Vietnam Casualty Roster as having been wounded in action.







Army Regulation 600-8-22 provides, the Purple Heart is awarded to an individual who is wounded in action against an enemy of the United States, the armed force of a foreign country which is or has been engaged, while serving with a friendly foreign forces against an opposing force even though the U.S. is not engaged, as the result of any act of such enemy or opposing force or as a result an act of any hostile foreign force.

Army Regulation 15-185 sets forth the policy and procedures for the Board. It provides that, if a request for a reconsideration is received within one year of the prior consideration and the case has not been previously reconsidered, it will be resubmitted to the Board if there is evidence (including but not limited to any facts or arguments as to why relief should be granted) that was not in the record at the time of the Board’s prior consideration. The staff of the Board is authorized to determine whether or not such evidence has been submitted.

Nonetheless, in reviewing his case it was noted that he is entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Expert Marksmanship Qualification Badge with Pistol Bar and the Sharpshooter Marksmanship Qualification Badge with Machine Gun and Rifle Bars. He is also entitled to a correction of his records to show these awards. Accordingly, the Army Review Board Agency Support Division, St. Louis will be requested to administratively issued him a correction to his separation document reflecting these awards.

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 the unit to which the applicant was assigned: the 4^th Battalion, 12^th Infantry, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 19 June 1968 through 31 July 1970 by Department of the Army General Order Number 51, dated 1971 and the Republic of Vietnam Civil Actions Honor Medal-First Class Unit Citation for the period 12 December 1966 through 31 August 1970, by Department of the Army General Order Number 51, dated 1971. Accordingly, the Army Review Board Agency Support Division, St. Louis will be requested to administratively issued him a correction to his separation document reflecting these awards.

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. The Board notes the additional eyewitness statement and DA Form 1594 submitted by the applicant. The award citation submitted by the applicant to verify his account of the actions leading to the injuries, he believes entitles him to the Purple Heart, indicate that he was injured by the detonation of a friendly landmine and not that of a hostile foreign force. Therefore, his injuries were the result of an unfortunate and horrific accident.
2. The overall merits of the case, including the latest submissions and arguments are insufficient as a basis for the Board to reverse its previous decision.

3. Nonetheless, in reviewing his case it was noted that he is entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 19 June 1968 through 31 July 1970 by Department of the Army General Order Number 51, dated 1971 and the Republic of Vietnam Civil Actions Honor Medal-First Class Unit Citation for the period 12 December 1966 through 31 August 1970, by Department of the Army General Order Number 51, dated 1971. He is also entitled to a correction of his records to show these awards. Accordingly, the Army Review Board Agency Support Division, St. Louis will be requested to administratively issued him a correction to his separation document reflecting these awards.

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: The Army Review Boards Agency Support Division, St. Louis, is requested to administratively correct the records of the individual concerned by showing that he was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 19 June 1968 through 31 July 1970 by Department of the Army General Order Number 51, dated 1971 and the Republic of Vietnam Civil Actions Honor Medal-First Class Unit Citation for the period 12 December 1966 through 31 August 1970, by Department of the Army General Order Number 51, dated 1971.

BOARD VOTE:

________ ________ ________ GRANT

________ ________ ________ GRANT FORMAL HEARING

____mhm ___rjw __ ___clg_____ DENY APPLICATION



         Carl W. S. Chun

Director, Army Board for Correction
         of Military Records

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INDEX

CASE ID	AR2002069223
SUFFIX
RECON
DATE BOARDED	20030204
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	DENY
REVIEW AUTHORITY
ISSUES 1.107.00
2.
3.
4.
5.
6.