PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:            24 November 1998  
	DOCKET NUMBER:   AC98-10450

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Loren G. Harrell		Director	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Ms. Celia L. Adolphi 		Member	
	Mr. Robert W. Garrett		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests, in effect, correction of his military records to show award of the Purple Heart and the Bronze Star Medal.

3.  The applicant states he received the Purple Heart and Bronze Star Medal in Vietnam.  He contends on the day he was discharged, an anti-war personnel clerk  marked the awards off of his 201 file.  He also contends that he has the medals but they are not reflected on his records.

4.  The applicant’s military records show that he entered active duty on
15 October 1970.  He served as an neuro psychiatric specialist in Vietnam from 22 September 1971 through 20 August 1972 and was separated with an honorable discharge on 12 October 1973.

5.  The applicant’s DD Form 214 (Report of Transfer or Discharge), which was authenticated in his own hand, does not show the Purple Heart or the Bronze Star Medal as authorized awards.   The Board notes the applicant was awarded two awards of the Meritorious Unit Commendation. 

6.  Item 40 (Wounds) of the applicant’s DA Form 20 (Enlisted Qualification Record) shows the typed entry “Received metal shrapnel inside left knee as result of enemy fire while on duty in RVN combat zone on helicopter duty 5 NOV 71.”  Item 41 (Awards and Decorations) of the DA Form 20 shows the typed entry “Purple Heart” followed by “AR 672-5-1” with a line through the entire entry.  (Note:  Army Regulation 672-5-1 was the designation of the military awards regulation in effect at the time in question.) 

7.  The applicant’s personnel records do not contain any orders awarding the Purple Heart.  Informal coordination with the Awards Branch of the Total Army Personnel Command revealed that the applicant’s name does not appear on the Vietnam Casualty Roster.

8.  Item 41 (Awards and Decorations) of the applicant’s DA Form 20 shows the typed entry “Bronze Star Medal” followed by “AR 672-5-1” with a line through the entire entry. 

9.  The applicant’s personnel records do not contain any orders awarding the Bronze Star Medal.  Informal coordination with the Awards Branch of the Total Army Personnel Command revealed there are no award orders available for the unit to which the applicant was assigned.   

10.  The applicant was awarded the Meritorious Unit Commendation by Department of the Army General Order Number 32, dated 1973.

11.  The applicant was awarded the Meritorious Unit Commendation by Department of the Army General Order Number 5, dated 1973.

12.  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.

13.  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.  

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.  Contrary to the applicant’s contention that he received the Purple Heart , the preponderance of evidence shows the applicant was not awarded the Purple Heart.  By regulation, “AR 672-5-1” is not an authorized authority for award of the Purple Heart.  There are no orders awarding the Purple Heart and the applicant’s name does not appear on the Vietnam Casualty Roster.  Therefore, he is not entitled to correction of his military records to show award of the Purple Heart.  

2.  Contrary to the applicant’s contention that he received the Bronze Star Medal, there is no evidence available to the Board which shows he was awarded the Bronze Star Medal.  By regulation, “AR 672-5-1” is not an authorized authority for award of the Bronze Star Medal.  Therefore, he is not entitled to correction of his military records to show award of the Bronze Star Medal.  

3.  The applicant received two awards of the Meritorious Unit Commendation; therefore, he is entitled to correction of his records to show these awards.

4.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded two awards of the Meritorious Unit Commendation.

2.  That so much of the application as is in excess of the foregoing be denied. 

BOARD VOTE:  

GDP____  CLA_____  RWG___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON