PROCEEDINGS

	IN THE CASE OF:        

	BOARD DATE:            23 December 1998
	DOCKET NUMBER:   AC98-12043

	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.	Raymond V. O’Connor, Jr.		Chairperson	
	Ms.	Karol A. Kennedy		Member	
	Mr.	Lester Echols		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 Bronze Star Medal, The Air Medal, a second award of the Army Commendation Medal, and the Purple Heart.

3.  The applicant states, in effect, that he did not receive the awards prior to the expiration of his term of service and, therefore, they are not included on this DD Form 214.  He further states that he never received a medal for the injuries that he received while he was on secret missions.

4.  The applicant’s military records show that he was inducted in the Army on 14 February 1969 and he successfully completed his training as a helicopter repairman.  On 9 April 1970, he was transferred to the Republic of Vietnam.

5.  On 6 February 1971, he was honorably discharged after he completed 1 year, 11 months, and 23 days of total active service.

6.  His awards include the National Defense Service Medal, one Army Commendation Medal (for the period covering 1 March 1970 through 30 June 1970), the Vietnam Service Medal, the Vietnam Campaign Medal, 2 Overseas Service Bars, and the Marksmanship Badge (M-14).

7.  A review of the available record reveals that the applicant was awarded the Bronze Star Medal for outstanding meritorious service for the period covering February 1970 through January 1971.  The records further reveal that he was awarded the Air Medal for meritorious achievement for the period covering 25 April 1970 through 22 May 1970, and a second award of the Army Commendation Medal for the period covering 1 July 1970 through 31 October 1970.

8.  Although the casualty report is not a part of the available record, item number 40 (Wounds) on the applicant’s Enlistment Qualification Record (DA Form 20) reveals that on 26 June 1970, he was wounded while he was in Vietnam and he sustained lacerations and bruises to his left hand.

9.  Army Regulation (AR) 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.

10.  That regulation also provides that the Purple Heart is awarded for a wound sustained as a direct 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 by a medical officer, and the medical treatment must have been made a matter of official record.

CONCLUSIONS:

1.  The record clearly shows that the applicant was awarded the Bronze Star Medal, the Air Medal, and a second award of the Army Commendation Medal.  However, through no mistake of his own, they were inadvertently excluded from his DD Form 214.

2.  Inasmuch as it would have required a casualty report or documents of a similar nature in order for the wound to be entered on his DA Form 20 during the period he served in Vietnam, it is reasonable to presume that the applicant was wounded while he was in Vietnam and that the wounded was properly annotated on his DA Form 20.  Accordingly, he meets the criteria contained in AR 600-8-22 for entitlement to the award of the Purple Heart.

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

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by awarding the Purple Heart to the individual concerned for wounds received in combat against the enemy on 26 June 1970, while serving in the pay grade of E-4.

2.  That his records be corrected to show that he was awarded the Bronze Star Medal, the Purple Heart, the Air Medal and a second award of the Army Commendation Medal (ARCOM 1OLC).

BOARD VOTE:  

___kak __  __ro ____  ___le ___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Raymond V. O’Connor, Jr._
		        CHAIRPERSON