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ARMY | BCMR | CY2002 | 2002075881C070403
Original file (2002075881C070403.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 17 December 2002
         DOCKET NUMBER: AR2002075881

         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. Edmund P. Mercanti Analyst


The following members, a quorum, were present:

Mr. Luther L. Santiful Chairperson
Ms. Barbara J. Ellis 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: That his Purple Heart (PH) be added to his separation document.

APPLICANT STATES: He received the PH medal, but not the certificate. He needs the PH added to his separation document to qualify for a higher priority rating in Department of Veterans Affairs medical centers.

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

He was inducted and entered on active duty on 28 April 1967. He was assigned to an infantry company in Vietnam from 26 March 1968 to 25 March 1969.

While the applicant was in Vietnam, a telegram was sent to his parents informing them that the applicant was slightly wounded on 11 August 1968. The author of the telegram explained that the applicant was on a combat operation when he fell on rocky ground and sustained a minor cut to his knee.

The applicant was promoted to pay grade E-5 and was honorably released from active duty on 24 March 1969 due to his having insufficient time remaining on his induction after his tour in Vietnam to warrant assigning him to another unit in the United States. In conjunction with the applicant’s release from active duty, he was given a separation physical examination. On the form the applicant completed during his physical examination, he only listed having been treated for a broken nose.

The applicant’s separation document shows that he was awarded the National Defense Service Medal, the Bronze Star Medal, the Vietnam Campaign Medal with 1960 Device, the Vietnam Service Medal, the Combat Infantryman Badge, and weapons qualification badges.

Army Regulation 600-8-22 provides that the PH 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.

Army Pamphlet 672-3 (Unit Citation and Campaign Register) indicates that all Army units serving in Vietnam between 20 July 1965 and 28 March 1973 are authorized the Republic of Vietnam Gallantry Cross Unit Citation with Palm. That publication also identifies the pertinent campaign periods, for which a bronze service star is authorized for wear on the Vietnam Service Medal, as follows: Counteroffensive, Phase IV ended on 30 June 1968; Counteroffensive Phase V started 1 July 1968; Counteroffensive, Phase VI, started on 2 November 1968; and Tet 69 Counteroffensive, started on 23 February 1969.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record and applicable law and regulations, it is concluded:

1. While there is sufficient evidence to show that the applicant sustained a minor cut to his knee while on a combat operation, there is no evidence that it was the result of hostile action.

2. Without evidence to show that the minor cut to the applicant’s knee was a direct result of hostile action, there is insufficient evidence in which to award him the PH.

3. However, the applicant is entitled to four bronze service stars to his Vietnam Service Medal and the Republic of Vietnam Gallantry Cross Unit Citation with Palm. The addition of these awards is administrative in nature and does not require the authority of the Board to accomplish.

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, Missouri, will be requested to award the applicant the Vietnam Service Medal with four bronze service stars and the Republic of Vietnam Gallantry Cross Unit Citation with Palm, and to add these awards to his separation document.

BOARD VOTE:

________ ________ ________ GRANT

________ ________ ________ GRANT FORMAL HEARING

___lls ___ ___wdp__ ___bje __ DENY APPLICATION



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




INDEX

CASE ID AR2002075881
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20021217
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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