PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:               2 December 1998
	DOCKET NUMBER:      AC98-12215

	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. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. George D. Paxson		Member	
	Mr. John H. Kern		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 Bronze Star Medal and the Purple Heart.

3.  The applicant states these awards were issued to him, but were not documented on his DD Form 214 (Report of Transfer or Discharge).  In support of his application, he provided a copy of award certificates and orders for the Bronze Star Medal and a copy of an award certificate for the Purple Heart.

4.  The applicant’s military records show that he entered active duty on 26 May 1967 and completed training as an infantryman.  He served in Vietnam from 23 October 1967 to 18 October 1968 and was honorably discharged on 25 May 1970.

5.  The applicant’s DD Form 214 does not show the Bronze Star Medal or the Purple Heart as authorized awards.  The Board notes that the applicant is entitled to the Valorous Unit Award, the Vietnam Cross of Gallantry with Palm Unit Citation, and the Vietnam Civil Actions Honor Medal First Class Unit Citation which are not shown on his DD Form 214 

6.  The applicant provided 25th Infantry Division General Orders Number 7122, dated 8 October 1968, which awarded him the Bronze Star Medal for service for the period October 1967 to October 1968.

7.  The applicant provided a copy of an award certificate for the Purple Heart which shows he was wounded on 11 February 1968.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows in item 40 (Wounds) that he sustained shrapnel wounds to the right elbow and right knee on 11 February 1968.

8.  The applicant was awarded the Valorous Unit Award by Headquarters Department of the Army General Orders Number 36, dated 1970.

9.  The applicant was awarded the Vietnam Cross of Gallantry with Palm Unit Citation by Headquarters Department of the Army General Orders Number 48, dated 1971.

10.  The applicant was awarded the Vietnam Civil Actions Honor Medal First Class Unit Citation by Headquarters Department of the Army General Orders Number 51, dated 1971.

11.  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.

CONCLUSIONS:

1.  The applicant was awarded the Bronze Star Medal, the Valorous Unit Award, the Vietnam Cross of Gallantry with Palm Unit Citation, and the Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to correction of his records to show these awards.

2.  The applicant was wounded due to hostile action in Vietnam on 11 February 1968; therefore, he is entitled to award of the Purple Heart and correction of his records to show these awards.

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 awarding the individual concerned the Purple Heart and correcting his records to show this award and by showing he was awarded the Bronze Star Medal, the Valorous Unit Award, the Vietnam Cross of Gallantry with Palm Unit Citation, and the Vietnam Civil Actions Honor Medal First Class Unit Citation.

BOARD VOTE:  

RVO____  GDP____  JHK_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AC98-12215/AR1998012294	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19981202	
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.		
3.		
4.		
5.		
6.