PROCEEDINGS

	IN THE CASE OF:.

	BOARD DATE:               9 December 1998               
	DOCKET NUMBER:      AC98-06808

	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. Beverly A. Young		Analyst	

  The following members, a quorum, were present:

	Ms. June Hajjar		Chairperson	
	Mr. Fred N. Eichorn		Member	
	Mr. Thomas B. Redfern, III		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 correction of his records to show award of the Purple Heart, the Bronze Star Medal with “V” Device and correction of his foreign service.  

3.  The applicant states he was shown the awards he would receive while in the hospital in Vietnam, but the awards were not in supply at that time.  He states that item 19 (Indochina or Korea Service Since August 5, 1964) on his DD Form 214 shows an incorrect date of “19 July 1969” which should be “26 July 1969” because he was in the base hospital at Bien Hoa, Vietnam until 26 July 1969.

4.  The applicant’s military records show that he enlisted on 17 April 1968 and completed basic and advanced individual training.  He served in Vietnam from 
22 March 1969 to 19 July 1969 and was separated on 20 September 1971.

5.  The applicant has two DD Forms 214 (Report of Transfer or Discharge/Report of Separation from Active Duty).  These discharge documents do not show the Purple Heart or the Bronze Star Medal with “V” Device as authorized awards.
The Board notes the applicant is entitled to correction of item 22c (Foreign and/or Sea Service) of his DD Form 214 with an effective date of 5 December 1969 to show his foreign service in Vietnam.

6.  The applicant’s DA Form 20 shows he was wounded in the right leg on 
19 July 1969 as a result of hostile action.

7.  The applicant was awarded the Bronze Star Medal with “V” Device by Headquarters, II Field Force Vietnam General Orders 3746, dated 3 November 1969.

8.  The applicant’s discharge document with an effective date of 5 December 1969 does not show foreign service in item 22c.  His discharge document with an effective date of 20 September 1971 shows Vietnam service in item 19 from “22 March 1969 to 19 July 1969”.  The applicant’s records contain a U.S. Army Vietnam Message which show he was reassigned effective “23 July 1969”.

9.  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.

10.  Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214.  In pertinent part, it directs that foreign service performed during the period covered by the DD Form will be entered in item 22c. The regulation also states that the amount of foreign service will be taken from the soldier’s Enlisted Qualification Record or, if necessary, verified from the soldier’s Military Personnel Records Jacket. 

11.  Regulation also required that service on or after 5 August 1964 in Indochina and Korea be shown in item 30 (Remarks) with the inclusive dates of service in Vietnam and the entries “Yes” or “No” for service in Indochina and Korea.

CONCLUSIONS:

1.  Evidence of record shows the applicant was wounded as a result of hostile action; therefore, he is entitled to correction of both of his DD Forms 214 to show award of the Purple Heart.

2.  The applicant was awarded the Bronze Star Medal with “V” Device; therefore, he is entitled to correction of both of his DD Forms 214 to show this award.

3.  Evidence of record shows the applicant served in Vietnam from “22 March 1969 to 23 July 1969”; therefore, he is entitled to correction of item 19 of his DD Form 214 with an effective date of 20 September 1971 to show these dates.

4. The applicant’s dates of service in Vietnam were 22 March 1969 to 23 July 1969; therefore, he is entitled to correction of item 30 (Remarks) of his DD Form 214 with an effective date of 5 December 1969 to show the entry “Vietnam: 22MAR69-23JUL69”.

5.  The applicant completed 4 months and 1 day of foreign service; therefore, he is entitled to correction of item 22c of his DD Form 214 with an effective date of 5 December 1969 to show this foreign service.

6.  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:

a.  by showing the individual concerned was awarded the Purple Heart and the Bronze Star Medal with “V” Device;

b.  by showing his service in Vietnam as “22 March 1969 to 23 July 1969” in item 19 of his DD Form 214 with an effective date of 20 September 1971; 
c.  by showing in item 30 (Remarks) of his DD Form 214 with an effective date of 5 December 1969 the entry “Vietnam: 22MAR69-23JUL69”; and 

	d.  by showing the individual was credited with 4 months and 1 day of foreign service in item 22c of his DD Form 214 with an effective date of 5 December 1969.

BOARD VOTE:  

JH______  FNE_____  TBR___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AC98-06808	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19981209	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.	100.00	
3.		
4.		
5.		
6.