MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 15 May 2003
         DOCKET NUMBER: AR2002082776

         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. Richard P. Nelson		Analyst

The following members, a quorum, were present:

Mr. Arthur A. Omartian		Chairperson
Mr. Thomas A. Pagan		Member
Mr. Roger W. Able		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, Combat Infantryman Badge and the Bronze Star Medal with “V” Device, as a result of combat service in the Republic of Vietnam.

APPLICANT STATES: That he is entitled to award of the Purple Heart, the Combat Infantryman Badge and the Bronze Star Medal with “V” Device as a result of service as a Radio Telephone Operator with the 101^st Airborne Division in the 1966/1967 time frame. He states that he was wounded on two occasions from shell fragments in action against the enemy while operating in the Ashau Valley of South Vietnam and that the wounds were attended to by a medic and apparently not reported.

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

The applicant enlisted in the United Sates Army on 10 February 1965. He underwent basic combat training, and then advanced individual training as a Radio Relay and Carrier Attendant (Military Occupational Specialty 31M20). He served one year in Vietnam and one year, nine months in Thailand. The applicant was discharged from the Army on 11 July 1971, under other than honorable conditions.

The applicant’s DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), which was authenticated in his own hand, does not show award of the Purple Heart in item 24 (Decorations, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized).

There is no evidence in his records which shows that he was wounded or treated for wounds as a result of hostile action. There are no orders in the applicant’s service personnel records which show that he was awarded the Purple Heart and the applicant did not provide a copy of orders or an award certificate in support of his claim for this award. The applicant’s name is not listed on the Vietnam Casualty Roster.

The applicant’s DD Form 214, which was authenticated in his own hand, does not show award of the Combat Infantryman Badge in item 24. There is also no evidence in his records which shows that he was assigned to an infantry unit while that unit was engaged in active ground combat. There are no orders in the applicant’s service personnel records which show that he was awarded the Combat Infantryman Badge and the applicant did not provide a copy of orders or a certificate in support of his claim for this badge.

The applicant’s DD Form 214, which was authenticated in his own hand, does not show award of the Bronze Star Medal with “V” Device. There is no evidence in his records which shows that he was ever awarded the Bronze Star with “V” Device and there is no evidence that he was recommended for award of the Bronze Star Medal with “V” Device. There are no orders in the applicant’s service personnel records which show that he was awarded the Bronze Star Medal with “V” Device and the applicant did not provide a copy of orders or an award certificate in support of his claim for this award.

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.

Army Regulation 600-8-22 provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS. They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.

Army Regulation 600-8-22 provides, in pertinent part, that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.

Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. This document shows that, at the time of the applicant’s assignment to Company C, 41st Signal Battalion, the unit was cited for award of the Meritorious Unit Commendation by Headquarters Department of the Army General Orders Number 42, dated 1969.

Army Regulation 600-8-22 authorizes a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation. The regulation states that authorized bronze service stars will be worn on the appropriate campaign or service medal. The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award. However, evidence of record shows the applicant participated in two campaigns during his assignment in Vietnam which are not correctly shown by award of two bronze service stars for wear on his Vietnam Service Medal.

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 request for award of the Purple Heart and the document submitted in support of his request. There are no orders in the applicant’s records which award him the Purple Heart. His DA Form 20 (Enlisted Qualification Record) does not list the Purple Heart item 41 (Awards and Decorations). and there is no evidence that he was wounded or treated for wounds as a result of hostile action during his service in Vietnam.

2. The Board considered the applicant’s request for award of the Combat Infantryman Badge and the document submitted in support of his request. There are no orders in the applicant’s service personnel records which show that he was awarded the Combat Infantryman Badge. There is no evidence that the applicant was assigned to an infantry unit of brigade, regimental, or smaller size when the unit was engaged in active ground combat.

3. The Board considered the applicant’s request for award of the Bronze Star with “V” Device and the document submitted in support of his request. There are no orders in the applicant’s service personnel records which show that he was awarded the Bronze Star Medal with “V” Device and there is no evidence in his records that he was recommended for award of the Bronze Star Medal. His DA Form 20 does not list the Bronze Star Medal in item 41.

4. In the absence of evidence that the applicant was wounded or treated for wounds as a result of hostile action, the Board determined that there is insufficient evidence upon which to award the Purple Heart in this case.

5. In the absence of evidence that the applicant was assigned to an infantry unit of brigade or regimental or smaller size when the unit was engaged in active ground combat, the Board determined that there is insufficient evidence upon which to award the Combat Infantryman Badge in this case.

6. In the absence of evidence that the applicant was awarded, or recommended for award of, the Bronze Star Medal with “V” Device, the Board determined that there is insufficient evidence upon which to award the Bronze Star with “V” Device in this case.

7. The Board noted the applicant’s entitlement to award of the Meritorious Unit Commendation and two bronze service stars to be affixed to his Vietnam Service Medal and determined that his records should be corrected administratively.

8. 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.

9. In view of the foregoing, there is no basis for granting the applicant’s request.

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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 Boards Agency (ARBA), Support Division, St. Louis, administratively correct the records of the individual concerned to show that he was awarded the Meritorious Unit Commendation based on DAGO 42, dated 1969, and two bronze service stars for wear on his Vietnam Service Medal.

BOARD VOTE:
________ ________ ________ GRANT

________ ________ ________ GRANT FORMAL HEARING

___RWA_ ___TAP _ ___AAO__ DENY APPLICATION

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

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INDEX

CASE ID	AR2002082776
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20030515
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.	107.0015.0000
2.
3.
4.
5.
6.