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ARMY | BCMR | CY2002 | 2002078857C070215
Original file (2002078857C070215.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 30 September 2003
         DOCKET NUMBER: AR2002078857

         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. Lee Tinsley Analyst


The following members, a quorum, were present:
Mr. Raymond J. Wagner Chairperson
Ms. Margaret V. Thompson Member
Mr. Melvin H. Meyer 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 records be amended to include the award of the Purple Heart.

APPLICANT STATES: That he was wounded in combat in Vietnam and would like to receive his Purple Heart. The applicant also states that his records are located at the Veterans Regional Office and that he was wounded while in the service of his country and merely seeks the recognition due to him.

In support of his application, the applicant submits a medical document with no identifying information and a copy of the Daily Staff Journal/Duty Officer Logs for Headquarters 13th Aviation Battalion (Combat), dated 24 and 26 March 1970.

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

 The applicant enlisted on 12 September 1968 for a term of 3 years. He was trained as an Aircraft Armament Repairman and served in Vietnam from 19 June 1969 to
17 June 1970. The applicant was granted early separation as an overseas returnee on 17 June 1970 with an Honorable characterization of service.

The applicant’s records contain a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 17 June 1970. This DD Form 214 was amended by a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty), dated 27 May 1988.

These documents show the applicant was awarded the National Defense Service Medal, the Army Commendation Medal with “V” Device and 3 Oak Leaf Clusters, the Air Medal with “V” Device and Numeral “1”, the Good Conduct Medal, the Vietnam Service Medal with 3 Bronze Service Stars, the Republic of Vietnam Campaign Ribbon with “V” Device (1960), the Republic of Vietnam Gallantry Cross with Palm Unit Citation Badge, and the Republic of Vietnam Civil Action Honor Medal First Class Unit Citation Badge.

The Purple Heart is not listed on his DD Form 214 or on his DD Form 215. He authenticated his discharge document with his signature on the date of his separation, 17 June 1970.

There are no orders in the applicant’s service personnel records, which show that he was awarded the Purple Heart. There also is no evidence in his records that he was wounded or treated for wounds as a result of hostile action. His DA Form 20 (Enlisted Qualification Record) does not show any entry in item 40 (Wounds) or list the Purple Heart in item 41 (Awards and Decorations). The applicant’s name is not listed on the Vietnam Casualty Roster.


 The applicant submitted a medical treatment document with no name or service number.
This document shows an entry, that the applicant highlighted, for 25 March 1970: “tiny fragment in lower lid of the right eye” and was treated by removal of the fragment with a blade and applying Neosporin ointment.

The applicant also submitted Daily Staff Journal or Duty Officer Logs but they make no reference to the applicant sustaining wounds as a result of enemy action.
A staff member of the Army Review Boards Agency reviewed the historical files of the 191 st Aviation Company (Assault Helicopter), 1 st Aviation Brigade, located at the National Archives in College Park, Maryland. These records failed to show that he is entitled to the award of the Purple Heart or that he was wounded or treated for wounds resulting from hostile action.
Army Regulation 600-8-22 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.

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. The Board considered the applicant’s request for award of the Purple Heart.
2. There is no evidence in the applicant’s service personnel records, which show that he was wounded or treated for wounds as a result of hostile action.

 3. The Board reviewed the documents submitted by the applicant. These records do not prove that the applicant was wounded or injured as a result of hostile action or treated by medical personnel for any type of combat related wound or injury.
4. In the absence of evidence, which shows that the applicant was wounded or treated for wounds resulting from hostile action, there is insufficient evidence upon which to base award of the Purple Heart in this case.

 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.
BOARD VOTE :
GRANT

 GRANT FORMAL HEARING

 rw mt mm DENY APPLICATION
Carl W. S. Chun
Director, Army Board for Correction
of Military Records
INDEX
CASE ID AR2002078857
SUFFIX
RECON
DATE BOARDED 20030930
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY
ISSUES 1. 107 Purple Heart
2.
3.
4.
5.
6.




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