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ARMY | BCMR | CY2002 | 2002074966C070403
Original file (2002074966C070403.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:



         BOARD DATE: 12 SEPTEMBER 2002
         DOCKET NUMBER: AR2002074966

         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. Deborah L. Brantley Senior Analyst


The following members, a quorum, were present:

Mr. John N. Slone Chairperson
Mr. Donald P. Hupman, Jr. Member
Mr. William D. Powers 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: Award of the Purple Heart.

APPLICANT STATES: Via an undated, self-authored statement, that he was "hit in both legs" while in a company area. He noted in the statement that they tried to give him the Purple Heart but he "took [his] name off the list." He also submits an undated statement from another individual who states the applicant was "hit in the back leg by scrapnel [sic]" and that the applicant was taken to the hospital where the shrapnel was removed. The statement indicates the applicant was wounded on the morning of 8 March 1968 when they "took a direct hit by a rocket." The applicant also submits what appears to be an extract from a publication listing soldiers who were killed between February 1968 and May 1968.

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

He was inducted and entered active duty on 7 August 1967. Following successful completion of training he was assigned to Vietnam as a heavy truck driver with the 446th Transportation Company in January 1968. The applicant remained in Vietnam until December 1968 when he returned to the United States.

Upon his return to the United States he was assigned to Fort McClellan, Alabama. On 26 June 1969 the applicant underwent a separation physical examination. The examination makes no mention of any wounds received as a result of hostile action.

On 27 June 1969 the applicant was awarded the Army Good Conduct Medal. The 2nd Chemical Battalion at Fort McClellan published orders confirming the award. The award, however, was not recorded on the applicant's separation document.

On 6 August 1969 the applicant was released from active duty. Neither his
DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), nor his DA Form 20 (Enlisted Qualification Record) reflects entitlement to the Purple Heart. Item 40 (wounds) on his DA Form 20 is blank. The applicant last authenticated his DA Form 20 in February 1969 and his DD Form 214 would have been authenticated on the date of his separation.

Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for wounds 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 by a medical officer, and the medical treatment must have been made a matter of official record. The applicant's name is not on the Vietnam Casualty Roster.

As a result of the applicant's tour of duty in Vietnam he is entitled to the Republic of Vietnam Gallantry Cross Unit Citation with Palm and one silver service star on his Vietnam Service Medal. The silver service star denotes participation in five designated campaign periods (Vietnam Counteroffensive-Phases III, IV, V, and VI and TET Counteroffensive). While the Vietnam Service Medal is already reflected on the applicant's separation document, the Republic of Vietnam Gallantry Cross Unit Citation with Palm and silver service star were omitted.

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. Although the applicant and another individual indicate the applicant was wounded while in Vietnam, there is no medical evidence which supports that claim. In the absence of more compelling medical evidence that the applicant sustained a wound in Vietnam which required treatment by a medical doctor, the Board concludes there is insufficient evidence to award the Purple Heart.

2. 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: Officials at the ARBA Support Division in St. Louis are requested to administratively correct the applicant’s separation document to reflect award of a the Republic of Vietnam Gallantry Cross Unit Citation with Palm, one silver service star on his Vietnam Service Medal, and an Army Good Conduct Medal.

BOARD VOTE:

________ ________ ________ GRANT

________ ________ ________ GRANT FORMAL HEARING

__JNS __ __DPH __ __WDP__ DENY APPLICATION



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




INDEX

CASE ID AR2002074966
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20020912
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY
ISSUES 1. 107.00
2.
3.
4.
5.
6.


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