MEMORANDUM OF CONSIDERATION


                  IN THE CASE OF:
        


                  BOARD DATE: 23 October 2003
                  DOCKET NUMBER: AR2003088113

         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:

Ms. Joann H. Langston		Chairperson
Mr. Margaret K. Patterson		Member
Mr. Arthur A. Omartian		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: The applicant requests award of the Purple Heart as a result of wounds sustained in combat in the Republic of Vietnam (RVN).

APPLICANT STATES: The applicant states that he was wounded as a result of the detonation of a booby trap on 26 January 1966. He further states that he was never awarded the Purple Heart as a result of those wounds and that he “ran into opposition” when he tried to have it awarded to him.

EVIDENCE OF RECORD: The applicant's military records show that he enlisted in the Army on 24 December 1964. He underwent basic combat and advanced individual training as an Infantryman (Military Occupational Specialty 11B10). The applicant then attended airborne training prior to deploying to RVN, where he served from 13 July 1965 to 12 July 1966, with the 503d Infantry, 173d Airborne Brigade. He returned to the Continental United States, where he served at various installations. The applicant was discharged from the Army on 8 April 1968, under other than honorable conditions. His discharge was upgraded to a general, under honorable conditions by the Department of Defense Discharge Review Program (Special) on 25 May 1977.

The applicant’s DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows that he is entitled to the following decorations: the Combat Infantryman Badge; the Parachutist Badge; the Vietnam Service Medal; and, the National Defense Service Medal.

There are no orders in the available records which show that the applicant was awarded the Purple Heart and the applicant has not provided a copy of orders awarding him the Purple Heart.

The applicant’s service personnel service records contain entries on Standard Form 600 (Chronological Record of Medical Care) on 26, 27, and 28 January 1966, each of which refer to a fragmentation wound of the applicant’s left foot and ankle. Further entries, dated 7, 9, and 14 February 1966 all refer to removal of sutures and continued medical treatment of the same wound.

There are no medical documents in the available records which show that the applicant was wounded, or treated for wounds, as a result of hostile action.

The applicant’s name is not listed on the Vietnam Casualty Roster.

There are no entries in item 40 (Wounds) of the applicant’s DA Form 20 (Enlisted Qualification Record) that show that the applicant was wounded as a result of hostile action.

Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded to any member of an Armed Force who, while serving under competent authority in any capacity with one of the U.S. Armed Services after 5 April 1917, has been wounded or killed 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.

U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided, in pertinent part, for award of the Purple Heart. The regulation stated that authority to award the Purple Heart was delegated to hospital commanders. Further, it directed that all personnel treated and released within 24 hours will be awarded the Purple Heart by the organization to which the individual is assigned. Personnel requiring hospitalization in excess of 24 hours or evacuation from Vietnam will be awarded the Purple Heart directly by the hospital commander rendering treatment.

The Board noted the absence of any unit awards in the applicant’s service records. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units that served in the Vietnam War. This document shows the unit to which the applicant was assigned, was cited for award of the Presidential Unit Citation for actions on 16 March 1966 by Department of the Army General Orders Number 40, dated 1967; the Meritorious Unit Commendation for actions during the period 5 May 1965 to 4 May 1967 by Department of the Army General Orders Number 48, dated 1968; and the Republic of Vietnam Gallantry Cross Unit Citation with Palm for the period 5 May 1965 to 20 September 1970 by Department of the Army General Orders Number 51, dated 1971.

The Board also noted the absence of the Vietnam Campaign Medal in the applicant’s service personnel records. This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973. Qualifying service included assignment in Vietnam for 6 months or more. Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces. Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due to wounds resulting from hostile action were entitled to award of the Vietnam Campaign 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 noted the medical evidence showing that the applicant was treated for a fragmentation wound while in RVN. However, the Board also noted that the records do not show that the applicant was wounded, or treated for wounds, as a result of hostile action. It further noted that there are no orders which awarded the applicant the Purple Heart.

2. 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.

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

4. The Board noted that the applicant is entitled to the Presidential Unit Citation, the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, and the Vietnam Campaign Medal, and determined that his records should be corrected administratively.

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 Presidential Unit Citation, the Meritorious Unit Commendation, and the Republic of Vietnam Gallantry Cross Unit Citation with Palm.

BOARD VOTE:

________ ________ ________ GRANT

________ ________ ________ GRANT FORMAL HEARING

____jhl __ ___aao__ ___mkp _ DENY APPLICATION

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

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INDEX

CASE ID	AR2003088113
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20031023
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.
2.
3.
4.
5.
6.