PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:            22 July 1999      
	DOCKET NUMBER:   AR1999016340

	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. Calvin M. Fowler		Chairperson	
	Mr. Thomas N. Kuhn		Member	
	Mr. Raymond J. Wagner		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 award of the Purple Heart.

3.  The applicant states, in effect, that he was injured (metal in elbow) in Vietnam. 

4.  The applicant’s military records show that he was inducted on 20 May 1968.  He served as a field artillery basic in Vietnam from 21 January 1969 through 
14 August 1969 and was honorably discharged on 22 January 1971.

5.  The applicant’s DD Form 214, which was authenticated in his own hand, does not show the Purple Heart as an authorized award.     

6.  There is no evidence in the applicant’s personnel records that he was awarded the Purple Heart or was wounded as a result of hostile action.  Item 
40 (Wounds) of the applicant’s DA Form 20 (Enlisted Qualification Record) is blank and Item 41 (Awards and Decorations) does not show entitlement to the Purple Heart.   

7.  Headquarters 9th Infantry Division General Orders Number 4573, dated
16 April 1969, shows the applicant was awarded the Army Commendation Medal with “V” Device for heroism in connection with military operations against an armed hostile force in the Republic of Vietnam on 23 March 1969.
 
8.  Item 41 (Awards and Decorations) of the applicant’s DA Form 20 shows entitlement to the Army Commendation Medal with “V” Device.  The Board notes the applicant’s DD Form 214 shows award of the Army Commendation Medal, not the Army Commendation Medal with “V” Device.

9.  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.

CONCLUSIONS:

1.  Although the applicant contends that he was injured in Vietnam, there is no evidence 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.  The applicant’s DD Form 214 shows award of the Army Commendation Medal.  Evidence of record shows the applicant was awarded the Army Commendation Medal with “V” Device, not the Army Commendation Medal.  Therefore, he is entitled to correction of his DD Form 214 to show award of the Army Commendation Medal with “V” Device.
3.  In view of the foregoing 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:

	a.  by deleting the entry “Army Commendation Medal” in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on the DD Form 214 of the individual concerned; and

b.  by adding the entry “Army Commendation Medal with “V” Device” in item 24 on his DD Form 214.

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

BOARD VOTE:  

CMF____  TNK_____  RJW____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Calvin M. Fowler______
		        CHAIRPERSON

INDEX

CASE ID	AR1999016340	
SUFFIX		
RECON		
DATE BOARDED	19990722	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19710122	
DISCHARGE AUTHORITY	AR 635-200 .  	
DISCHARGE REASON	ETS	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.