PROCEEDINGS

	IN THE CASE OF:        

	BOARD DATE:            16 December 1998 
	DOCKET NUMBER:   AC98-12020

	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.	Deyon D. Battle		Analyst	

	The following members, a quorum, were present:

	Mr.	Ernest M. Willcher		Chairperson	
	Ms.	Lana E. McGlynn		Member	
	Ms.	Carol Jo Suiter		Member	

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

	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)

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 that his Report of Transfer or Discharge (DD Form 214) be corrected to show that he was awarded the Purple Heart (PH).

3.  The applicant states that he was awarded the PH in 1970, however, it is not reflected on his DD Form 214.  In support of his appeal, he submits a copy of a newspaper clipping which reflects that he was awarded the PH.

4.  The applicant’s military records show that he was inducted in the Army on 30 July 1969.  He successfully completed his training as a Field Operation and Intelligence Assistant and on 20 January 1970, he was transferred to the Republic of Vietnam.  He returned to the Continental United States and he was honorably discharged on 2 March 1971, after he completed 1 year, 7 months and 3 days of total active service.

5.  A review of the available records reveals that the applicant suffered a leg wound while he was serving in Vietnam and he was awarded with the PH.  Further review of the record reveals that the orders awarding him the PH were not included in his official record and the award was erroneously omitted from his DD Form 214.

6.  Army Regulation 600-8-22 provides, in pertinent part, that the primary requirement for award of a decoration is that a formal recommendation be prepared and introduced into official military channels within 2 years of the act, achievement, or service to be recognized.  The sole exception to the 2-year time limit occurs when there is conclusive evidence that a formal recommendation was submitted but was lost, or through inadvertence was never acted on by proper authority.

CONCLUSIONS:

1.  The evidence clearly supports the applicant’s contention that he was awarded the PH while he was in Vietnam.  

2.  However, through an administrative error, the orders were not included in his official record and the award was erroneously omitted from his DD Form 214.

3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Purple Heart.
BOARD VOTE:  

___cs___  __emw __  __lem___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

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		        CHAIRPERSON