MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 15 July 2003
         DOCKET NUMBER: AR2002081458

         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. Margaret V. Thompson		Member
Mr. Eric N. Andersen		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: Award of the Purple Heart.

APPLICANT STATES: In effect, that he was wounded in Vietnam and that he still has the metal in his back. He states that his unit's Morning Reports for 3, 6, 7, 9, and 15 August 1970 are missing from the National Personnel Records Center and that these missing records would show that he was hospitalized for his wound.

In support of his application, he submits an eyewitness statement, dated
7 October 2002, from his company commander at the time in question; DD Form 877-1 (Request for Medical/Dental Records from the National Personnel Records Center), dated 18 September 2002; a letter, dated 5 September 2002, from the National Personnel Records Center which states that the Morning Reports (dated 3, 6, 7, 9, and 15 August 1970) were missing from the Center; a copy of his retirement DD Form 214 (Report of Separation from Active Duty); a letter, dated 11 September 2002, from a caseworker of a Member of Congress; a Privacy Authorization Form, dated 15 August 2002; a letter, dated 13 August 2002, from the applicant; DA Forms 1 (Morning Report), dated 4 August 1970, 5 August 1970, 8 August 1970, 11 August 1970, 12 August 1970, 13 August 1970,
14 August 1970, and 16 August 1970; one page of his DA Form 20 (Enlisted Qualification Record); a letter, dated 5 September 2002, from a caseworker of a Member of Congress; an e-mail, dated 25 July 2002; a letter, dated 11 June 2002, from the National Personnel Records Center; a letter, dated 13 August 2002, from a caseworker of a Member of Congress; an e-mail, dated 18 July 2002; a letter, dated 21 August 2002, from a Member of Congress; a letter, dated 10 October 2001, from the applicant; a letter, dated 27 September 2001, from the U.S. Total Army Personnel Command; a Radiologic Examination Report, dated 29 August 2001; a "STATEMENT OF FACT," dated 22 August 2001, executed by the applicant; a letter, dated 29 November 2002, from the U.S. Total Army Personnel Command; a letter, dated 13 November 2002, from a Member of Congress; a letter, dated 12 November 2002, from the applicant; and a letter of support, dated 18 September 2001, from a soldier.

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

The applicant entered active duty on 30 June 1955. He remained on active duty through continuous reenlistments until he retired on 31 July 1975 in the rank of sergeant first class.

The applicant's service personnel records show that he served three tours in Vietnam. During his third tour in Vietnam the applicant served as a mess steward from 20 December 1969 through 16 December 1970.

The applicant's DD Forms 214 do not show the Purple Heart as an authorized award.
There is no evidence in the applicant’s service personnel records that he was awarded the Purple Heart or was wounded as a result of hostile action in Vietnam.

The applicant's 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. His service medical records are not available.

The historical files of Battery A, 6th Battalion, 36th Field Artillery and the First Field Forces Vietnam located at the National Archives in College Park, Maryland, failed to identify the applicant as being entitled to award of the Purple Heart.

The applicant provided an eyewitness statement, dated 7 October 2002, from his company commander at the time in question. The company commander attests that on 5 or 6 August 1970 their firebase received an indirect round resulting in the applicant being wounded with shrapnel. He states that at the time there was no direct medical support other than organic enlisted medics, that the medics were having trouble controlling the bleeding and that the applicant had to be evacuated.

The applicant provided a "STATEMENT OF FACT," dated 22 August 2001, wherein he states that he was wounded in September 1970 at "Fire Base Aquarius" in Vietnam and that he received shrapnel in his back. He contends that he was transported to an underground hospital, that he received medical treatment and that he was released and returned to his unit.

The applicant also provided a Radiologic Examination Report, dated 29 August 2001, which shows the impression "possible shrapnel" projecting over the inferior aspect of the left scapula.

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.

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 was wounded in Vietnam and that he still has the metal in his back. The Board also reviewed the Radiologic Examination Report, dated 29 August 2001, which shows the impression "possible shrapnel" projecting over the inferior aspect of the left scapula. However, there is no evidence in the applicant's service personnel records which shows that he was wounded or injured as a result of hostile action in Vietnam.

2. The Board considered the applicant's contention that his unit's Morning Reports for 3, 6, 7, 9, and 15 August 1970 are missing from the National Personnel Records Center and that these missing records would show that he was hospitalized for his wound. However, the applicant's "STATEMENT OF FACT" indicates that he was wounded in September 1970.

3. The Board reviewed the eyewitness statement provided by the applicant's company commander at the time in question. However, in the absence of orders, the applicant's service medical records or other evidence of record showing that the applicant was wounded or treated for wounds as a result of hostile action in Vietnam, the Board determined that this statement was not sufficient as a basis for award of the Purple Heart. Therefore, the Board determined that there was insufficient evidence on which to base award of the Purple Heart in this case.

4. 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.

5. 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

FNE____ MVT_____ ENA_____ DENY APPLICATION

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

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INDEX

CASE ID	AR2002081458
SUFFIX
RECON
DATE BOARDED	20030715
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	DENY
REVIEW AUTHORITY
ISSUES 1.	107.0015
2.
3.
4.
5.
6.