MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 10 September 2002
         DOCKET NUMBER: AR2002072243

         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. Wanda L. Waller		Analyst

The following members, a quorum, were present:

Mr. Fred N. Eichorn		Chairperson
Ms. Barbara J. Ellis		Member
Mr. William D. Barr		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: Two awards of the Purple Heart (correctly known as the Purple Heart with First Oak Leaf Cluster), the Combat Medical Badge and the Vietnam Campaign Medal.

APPLICANT STATES: The applicant provided three applications. He states, in effect, that he is entitled to one award of the Purple Heart for obtaining Hepatitis C, a life threatening disease, while performing his duties as a medical specialist in Vietnam. He contends that he is entitled to a second award of the Purple Heart for a head trauma and back injuries sustained when he was blown over a 200 foot cliff while serving as a medic in Vietnam. He also contends that his records do not show the Combat Medical Badge or the Vietnam Campaign Medal. In support of his applications, he submits a letter from the Disabled American Veterans, dated 27 March 2002; a letter, dated 10 April 1969, to his mother from the Battalion Chaplain at Headquarters, 3d Brigade 101st Airborne Division; and three Western Union telegrams.

The Board notes that the applicant’s DD Form 214 (Report of Transfer or Discharge) does show the Combat Medical Badge and the Vietnam Campaign Medal as authorized awards. Therefore, this portion of the applicant’s request will not be discussed further in this Memorandum of Consideration.

COUNSEL CONTENDS: The Disabled American Veterans, as counsel for the applicant, points out that the applicant contends he was wounded during a fall which resulted from being blown off a cliff. However, according to statements provided, these wounds resulted from a blast that was non-hostile in nature. Counsel also states that the applicant is entitled to an award of the Purple Heart because his records indicate that he sustained shrapnel wounds throughout his body from combat.

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

The applicant was inducted on 6 December 1967. He served as a medic in Vietnam from 26 November 1968 through 14 April 1969 and was honorably released on 5 December 1969.

The applicant’s DD Form 214, which was authenticated in his own hand, does not show the Purple Heart as an authorized award.

The Board noted that the applicant’s service personnel records contain a separation medical examination, dated 23 September 1969. This medical report states the applicant sustained flash burns on his face, back, posterior aspect of both upper extremities and around both knees from a rocket propelled grenade on 26 March 1969 in Vietnam. This report also states these injuries were incurred as a result of hostile action.

However, the applicant provided three Western Union Telegrams which state that he was injured in Vietnam on 26 March 1969 while at an artillery firing position when he slipped on a rock and fell approximately 200 feet down a hill.

The applicant also provided a letter, dated 10 April 1969, to his mother from the Battalion Chaplain at Headquarters, 3d Brigade 101st Airborne Division. This letter reports that a few days prior to the date of the letter, the applicant was blown off the side of a mountain and fell. This letter also states that “This is a non-hostile accident.”

There are no orders for the Purple Heart in the applicant’s service personnel records.

His DA Form 20 (Enlisted Qualification Record) does not reflect entitlement to the Purple Heart and item 40 (Wounds) on his DA Form 20 is blank. The applicant’s name does not appear on the Vietnam Casualty Roster.

The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award. His records show that he participated in two campaigns during his assignment in Vietnam. The Board noted the applicant was eligible for award of the Vietnam Service Medal with two bronze service stars. This omission will be administratively corrected.

Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 43, dated 1970. This register also shows the applicant is entitled to award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 48, dated 1971. These awards are not shown on the applicant’s DD Form 214 and will be administratively corrected.

Army Regulation 600-8-22 (Military Awards) 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 the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record. The bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart.

Army Regulation 600-8-22, in pertinent part, authorizes award of 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 appropriate service medal.

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 considered the applicant’s contention that he is entitled to one award of the Purple Heart for obtaining Hepatitis C, a life threatening disease, while performing his duties as a medical specialist in Vietnam. However, the governing regulation states that the Purple Heart is awarded for a wound sustained as a result of hostile action, not for an illness.

2. The Board considered the applicant’s contention that he is entitled to a second award of the Purple Heart for a head trauma and back injuries sustained when he was blown over a 200 foot cliff while serving as a medic in Vietnam.
However, evidence provided by the applicant shows that he was injured on
26 March 1969 in a “non-hostile accident” in Vietnam when he was blown off the side of a mountain and fell some distance.

3. The Board reviewed the applicant’s separation medical examination which indicates that he sustained injuries as a result of hostile action on 26 March 1969 in Vietnam. However, in the absence of orders or other evidence of record showing the applicant was wounded or treated for wounds as a result of hostile action, the Board determined that this medical report is not sufficient as a basis for award of the Purple Heart. Therefore, there is no basis for granting the applicant’s request for any award of the Purple Heart.

4. The Board noted that the applicant was entitled to the Vietnam Service Medal with two bronze service stars, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation which are not shown on his discharge document. Therefore, the Army Review Boards Agency (ARBA), Support Division, St. Louis is directed to make an administrative correction to the applicant’s DD Form 214 to show these awards.

5. 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.

6. 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: Request that the Army Review Boards Agency (ARBA), Support Division, St. Louis, furnish the individual concerned a DD Form 215 (Correction to DD Form 214) to show in item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) that he was awarded the Vietnam Service Medal with two bronze service stars, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

BOARD VOTE:

________ ________ ________ GRANT

________ ________ ________ GRANT FORMAL HEARING

FNE____ BJE____ WDB_____ DENY APPLICATION

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

---

INDEX

CASE ID	AR2002072243
SUFFIX
RECON
DATE BOARDED	20020910
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	(DENY)
REVIEW AUTHORITY
ISSUES 1.	107.0015
2.	107.0113
3.	107.0000
4.
5.
6.