PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:            9 December 1998                  
	DOCKET NUMBER:   AC98-08784

	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	
	Mr. Lee Cates		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 his records be corrected to show his entitlement to award of the Purple Heart and two Meritorious Service Medals.  Further, he requests all awards be combined on his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 29 February 1992.  He also requests his inactive service between September 1971 and April 1973 be listed and his total service be shown as 22 years and 7 months.  Additionally, he requests Item 11 (Primary Specialty) of his DD Form 214 be corrected to show the correct entry.

3.  The applicant states he would like to attempt to set the record straight.

4.  The applicant’s military records show he was inducted on 1 October 1969 with military occupational specialty (MOS) 11B (Light Weapons Infantryman).  After a period of inactive service (1 year and 7 months), he enlisted and served until his honorable separation on 29 February 1992 and placement on the retired list the following day.

5.  The applicant’s DD Form 214, with a separation date of 29 February 1992, does not show the Purple Heart, but does show two awards of the Meritorious Service Medal and all of his awards previously received.

6.  The applicant’s DD Form 214, which is signed in his own hand, shows         20 years and 10 months active service and 22 years and 5 months total active and inactive service.  His records show he was awarded MOS 11B in his initial period of service and held it either as a primary or secondary throughout his career.  MOS 19D (Cavalry Scout) was awarded effective 1 March 1978.  MOS 19Z (Armor Senior Noncommissioned Officer) was not an awarded MOS, but was shown as a duty MOS.

7.  The Board notes the applicant is entitled to three bronze service stars to the Vietnam Service Medal (VSM).

8.  Army Regulation 600-8-22 (Military Awards) 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.

9.  Army Regulation 635-5 establishes the policies and procedures for completion and distribution of the DD Form 214.  In pertinent part it states that item 11 (Primary specialty) will list only those awarded MOS and the number of years and months held.

CONCLUSIONS:

1.  There is no evidence which shows the applicant was awarded the Purple Heart or was wounded as a result of hostile action; therefore, he is not entitled to award of the Purple Heart.

2.  Evidence of record shows the applicant was awarded two Meritorious Service Medals; that his awards have been combined on his latest DD Form 214; that he had inactive service between 3 September 1971 and 2 April 1973 (1 year and    7 months); and, that he had a total of 22 years and 5 months of active and inactive service at the time of his separation and subsequent retirement.  Therefore, these items are correct as currently constituted on his DD Form 214. 

3.  The applicant’s DD Form 214, item 11, should be corrected to show MOS 11B, Infantryman, 21 years, 11 months (both as primary and secondary) and MOS 19D, Cavalry Scout, 13 years, 11 months (primary).

4.  The Board noted his entitlement to three bronze service stars to the VSM.

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

RECOMMENDATION:

1.  That all Department of the Army records related to this case be corrected by showing the individual concerned was awarded three bronze service stars to the Vietnam Service Medal and MOS 11B, Infantryman, 21 years and 11 months and MOS 19D, Cavalry Scout, 13 years, 11 months.

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

BOARD VOTE:  

JH_____  FNE_____  TBR_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON