MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 14 November 2002
         DOCKET NUMBER: AR2002075371

         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. Nancy L. Amos		Analyst

The following members, a quorum, were present:

Mr. Arthur A. Omartian		Chairperson
Mr. John P. Infante		Member
Ms. Regan K. Smith		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 he be awarded the Purple Heart.

APPLICANT STATES: That while at Camp Evens they were under repeated mortar and 122mm rocket attack. On or about 16 April 1970, they came under rocket attack and he was struck in the right knee by a piece of shrapnel, causing a superficial wound on his kneecap. The wound became infected and required repeated debriding and antibiotic ointment. On or about 8 December 1970, they came under mortar attack. He was struck in the eye by tiny pieces of shrapnel. The piece of steel was removed and the eye washed. This procedure was repeated the next day. Then he was treated with an antibiotic ointment and he wore an eye patch for about a week. Since he was surrounded by the wounded and dead being carried off the dustoff pad immediately adjacent to his work site, he initially refused the offer of a Purple Heart. Now he realizes he was foolish and asks, although his wounds were slight, that they be recognized with the Purple Heart. He provides his Armed Forces of the United States Report of Transfer or Discharge, DD Form 214, and an extract from his service medical records as supporting evidence.

COUNSEL CONTENDS: Counsel makes no additional contention.

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

He was inducted into the Army on 26 August 1969. He was honorably discharged on 1 September 1969 for the purpose of immediately reenlisting on 2 September 1969. He completed basic combat training and advanced individual
training and was awarded military occupational specialty 67N (UH-1 Helicopter Repairman).

The applicant arrived in Vietnam and was assigned to the 388th Transportation Detachment, 4th Battalion, 77th Artillery on 29 March 1970 and performed duties as a helicopter repairman.

The provided extract from the applicant's service medical records shows that on 18 April 1970 he was treated after he picked up an atropine injector and was accidentally injected.

The applicant was reassigned to Battery C, 4th Battalion, 77th Artillery on 8 August 1970 where he performed duties as an armorer.

The provided extract from the applicant's service medical records shows that on 8 and 9 December 1970 he was treated for an injury resulting from a foreign body that hit him in the eye the previous day.

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The applicant departed Vietnam on 6 February 1971 after receiving participation credit for three campaigns.

The applicant was released from active duty on 6 March 1972. His DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with device 1960, two overseas bars, the Army Commendation Medal, the Bronze Star Medal, and the Army Good Conduct Medal.

There is no evidence in the applicant's service personnel records to show he was wounded in action. He is not listed on the Republic of Vietnam Casualty Roster.

A review of the historical files of the 4th Battalion, 77th Field Artillery at the National Archives in College Park MD failed to identify the applicant as being eligible for award of the Purple Heart. A review of the S-3, 4th Battalion, 77th Artillery Daily Staff Journal or Duty Officer's Log, DA Form 1594, for 16 April 1970 failed to show that Battery C, 77th Artillery received any incoming artillery or mortar on that date. The unit's DA Form 1594 for 8 December 1970 failed to show that Battery C, 77th Artillery received any incoming artillery or mortar on that date.

Army Regulation 600-8-22 provides policy and criteria concerning individual military decorations, service medals, and combat and special skill badges. It 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 by a medical officer, and the medical treatment must have been made a matter of official record.

Army Regulation 600-8-22 provides, in pertinent part, for award of the Aircraft Crewmember Badge to soldiers upon successful completion of formal advanced individual training in career management field 67 MOSs. It also provides for wear of one bronze service star on the appropriate service medal for each credited campaign.

Department of the Army Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, shows that the 388th Transportation Detachment was awarded the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation for the period 25 March 1969 - 2 May 1970 on Department of the Army General Orders 48 dated 1971. It also indicates that Department of the Army

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General Orders 8, 1974, announced award of the Republic of Vietnam Gallantry
Cross with Palm Unit Citation to Headquarters, U. S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U. S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

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. There is no evidence of record to show the applicant met the eligibility criteria for award of the Purple Heart.

2. The extracts from his service medical records the applicant provides show that on 18 April 1970 he was treated when he was accidentally injected with an atropine injector. While the extracts show that he was treated on 8 and 9 December 1970 for an injury resulting when foreign body hit his eye, the extracts do not mention how the injury occurred.

3. A review of the historical files of the unit's Daily Staff Journal for the two dates mentioned by the applicant failed to show the unit came under artillery or mortar attack on those dates.

4. The evidence of record shows the applicant met the eligibility criteria for award of the Aircraft Crewmember Badge and he is authorized to wear three bronze service stars on the Vietnam Service Medal. His DD Form 214 should be amended to show these awards.

5. The evidence of record shows that the applicant was assigned to a unit during a period of time that unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation. His DD Form 214 should be amended to show these foreign unit awards.

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: The Board requests that the Army Review Board Agency's Support Division amend the applicant's DD Form 214 to show he is authorized the Aircraft

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Crewmember Badge, three bronze service stars with the Vietnam Service Medal, 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

__AAO__ ___JPI___ __REK __ DENY APPLICATION

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

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INDEX

CASE ID	AR2002075371
SUFFIX
RECON
DATE BOARDED	2002/11/14
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	DENY
REVIEW AUTHORITY
ISSUES 1.	107.0015
2.
3.
4.
5.
6.