PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:           14 October 1998    
	DOCKET NUMBER:   AC98-10419

	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. John N. Slone		Chairperson	
	Mr. Ernest M. Willcher		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 correction of his military records to show the Purple Heart, the Bronze Star Medal (BSM) and the Army Commendation Medal (ARCOM).

3.  The applicant states, in effect, he received the BSM and ARCOM while participating in “Operation Delaware” in Vietnam in 1967. 

4.  The applicant’s military records show he entered active duty on 22 June 1966.  He served an a combat engineer in Vietnam from 18 August 1967 through 27 July 1968 and was separated with an honorable discharge on 20 June 1969. 

5.  The applicant’s DD Form 214 (Report of Transfer or Discharge) does not show the Purple Heart, BSM or the ARCOM as authorized awards.  The Board notes the applicant was awarded two Meritorious Unit Commendations and the Vietnam Civil Actions Honor Medal First Class Unit Citation which are also not shown on his DD Form 214.  

6.  There is no evidence in the applicant’s personnel records that show he was injured or wounded as a result of hostile action during his tour in Vietnam.  Informal coordination with the Awards Branch of the Total Army Personnel Command revealed that the applicant’s name did not appear on the Vietnam Casualty Roster.

7.  There is no evidence in the applicant’s personnel records which shows the applicant was recommended for or awarded the BSM.

8.  There is no indication in the applicant’s service personnel records that he was considered or recommended for the ARCOM.

9.  The applicant was awarded the Meritorious Unit Commendation by Department of the Army General Order Number 38, dated 1970.

10.  The applicant was awarded the Meritorious Unit Commendation by Department of the Army General Order Number 51, dated 1971.

11.  The applicant was awarded the Vietnam Civil Action Honor Medal First Class Unit Citation by Department of the Army General Order Number 43, dated 1970.

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.  Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.  

14.  Army Regulation 600-8-22 provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

CONCLUSIONS:

1.  There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he was injured or wounded as a result of hostile action in Vietnam.  Therefore, he is not entitled to award of the Purple Heart.

2.  There is no evidence available to the Board, and the applicant has provided no evidence, that he was considered for or recommended for the BSM.  Therefore, he is not entitled to this award.

3.  There is no evidence available to the Board, and the applicant has provided no evidence, which shows he was recommended for or received the ARCOM. Therefore, he is not entitled to this medal.

4.  The applicant was awarded two Meritorious Unit Commendations and the Vietnam Civil Actions Honor Medal First Class Unit Citation.

5.  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 Meritorious Unit Commendations and the Vietnam Civil Actions Honor Medal First Class Unit Citation.

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

BOARD VOTE:  

JNS_____  EMW___  RWG____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON