PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:            10 June 1999                 
	DOCKET NUMBER:    AR1999016359

	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. Samuel A. Crumpler		Chairperson	
	Ms. Shirley L. Powell 		Member	
	Mr. Elzey J. Arledge, Jr.		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 that he was wounded in Vietnam.  In support of his application, he submits a newspaper article which contains a casualty list for wounds sustained from Company C on 11 November (undated) in Vietnam.  The Board notes that the applicant has underlined the name “Pfc. Leo J. Tsolia” in the casualty list.

4.  The applicant’s military records show that he enlisted on 4 March 1966 for a period of 3 years.  He successfully completed his training and was transferred to Vietnam for duty as a light weapons infantryman.  He served in Vietnam from
15 August 1967 to 3 August 1968, was honorably discharged on 10 March 1969 and transferred to the Army Reserve.  On 17 November 1990, the applicant was ordered to active duty in support of Operation Desert Shield/Desert Storm and honorably discharged on 27 May 1991.  The applicant was retired from the Colorado Army National Guard on 1 March 1993.

5.  The applicant’s DD Form 214 (Report of Transfer or Discharge), which was authenticated in his own hand, does not show the Purple Heart as an authorized award.  The applicant’s National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) issued at the time of his retirement also 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.  Item 41 (Awards and Decorations) does not show entitlement to the Purple Heart.  The applicant’s name does not appear on the Vietnam Casualty Roster.  There were no orders for award of the Purple Heart issued to the applicant by his unit. 

7.  Headquarters 173D Airborne Brigade General Orders Number 2123, dated
16 August 1968, shows the applicant was awarded the Bronze Star Medal for meritorious service during August 1967 to August 1968.

8.  The applicant’s personnel records contain an award certificate, dated 5 April 1991, which shows he was awarded the Army Commendation Medal for exceptionally meritorious achievement during the period 24 February 1991 to
28 February 1991.

9.  The applicant served in Southwest Asia from 4 January 1991 to 5 May 1991.  

10.  The Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia (KLM-SA) was approved on 3 January 1992 and is awarded to members of the Armed Forces of the United States who participated in the Persian Gulf War between 17 January 1991 and 28 February 1991.

11.  The Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-K) was approved on 9 November 1995 and is awarded to members of the Armed Forces of the United States who participated in the Persian Gulf War between 2 August 1990 and 31 August 1993.

CONCLUSIONS:

1.  The Board noted the applicant’s contention that he was wounded in Vietnam.  The Board also noted the applicant’s name does not appear on the casualty list contained in the newspaper article submitted by the applicant.  There is no evidence of record available to the Board which shows the applicant was wounded or treated for wounds sustained by hostile action in Vietnam.  Therefore, he is not entitled to award of the Purple Heart.   

2.  The applicant was awarded the Bronze Star Medal and the Army Commendation.  Therefore, he is entitled to correction of his military records to show these awards.

3.  The applicant served in Southwest Asia from 4 January 1991 to 5 May 1991.  Therefore, he is entitled to correction of his military records to show award of the KLM-SA and the KLM-K.

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

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing on the DD Form 214 (with an effective date of 27 May 1991) of the individual concerned that he was awarded the Bronze Star Medal, the Army Commendation Medal, the KLM-SA and the KLM-K.

2.  In as much as the Army Board for Correction of Military Records has corrected the Department of the Army records of the individual concerned to show award of the Bronze Star Medal, the Army Commendation Medal, the KLM-SA and the KLM-K, the Board recommends that the Colorado Army National Guard correct his NGB Form 22 to show award of the Bronze Star Medal and the KLM-K.

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

BOARD VOTE:  

SAC____  SLP_____  EJA_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Samuel A. Crumpler____
		        CHAIRPERSON

INDEX

CASE ID	AR1999016359	
SUFFIX		
RECON		
DATE BOARDED	19990610	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19910527	
DISCHARGE AUTHORITY	AR 635-200 Chapter 4	
DISCHARGE REASON	Expiration Term of Service	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.