PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:            30 June 1999      
	DOCKET NUMBER:   AR1999016422

	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. George D. Paxson		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. John P. Infante		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 DD Form 214 (Report of Transfer or Discharge) to show three awards of the Purple Heart (correctly known as the Purple Heart with two Oak Leaf Clusters), three awards of the Bronze Star Medal (correctly known as the Bronze Star Medal with two Oak Leaf Clusters), the Silver Star, the National Defense Service Medal (NDSM), the Vietnam Service Medal, the Vietnam Campaign Medal with 60 Device and the Combat Infantryman Badge (CIB). 

3.  The applicant states that his DD Form 214 does not list all of his awards.

4.  The applicant’s military records show that he was inducted on 1 June 1967.  He served in Vietnam as an indirect fire crewman from 6 November 1967 to
26 October 1968 and was permanently retired by reason of physical disability on 15 October 1969.

5.  The applicant’s DD Form 214, which was authenticated in his own hand, does not show the Purple Heart with two Oak Leaf Clusters, the Bronze Star Medal with two Oak Leaf Clusters or the Silver Star as authorized awards.  The Board notes that the DD Form 214 does show the Purple Heart with one Oak Leaf Cluster as an authorized award.  The Board also notes that the DD Form 214 shows the NDSM, the Vietnam Service Medal, the Vietnam Campaign Medal with 60 Device and the CIB as authorized awards.  Therefore, these four awards will not be discussed further in the proceedings.   

6.  Headquarters Americal Division General Orders Number 5035, dated 31 July 1968, show the applicant was awarded the Purple Heart for wounds sustained on 27 June 1968.

7.  Item 40 (Wounds) of the applicant’s DA Form 20 (Enlisted Qualification Record) shows “FW rt arm 15Aug68” [fragment wound right arm]. 

8.  Item 41 (Awards and Decorations) of the applicant’s DA Form 20 shows that Headquarters 27th Surgical Hospital General Orders Number 110, undated, awarded the applicant the Purple Heart for wounds sustained on 14 September 1968.

9.  There is no evidence in the applicant’s personnel records which shows he was recommended for or awarded any award of the Bronze Star Medal.

10.  There is no evidence in the applicant’s personnel records which shows he was recommended for or awarded the Silver Star.  

11.  Army Regulation 600-8-22 (Military Awards) 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.  The bronze oak leaf cluster is awarded to denote the second and succeeding awards of a certain decorations, among which is the Bronze Star Medal.

12.  Army Regulation 600-8-22 provides, in pertinent part, that the Silver Star is awarded for gallantry in action against the enemy.  The required gallantry (spirited and conspicuous acts of heroism and courage) must have been performed with marked distinction.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

CONCLUSIONS:

1.  The evidence of record shows the applicant was wounded on three occasions in Vietnam; therefore, he is entitled to correction of his DD Form 214 to show award of the Purple Heart with two Oak Leaf Clusters. 

2.  Contrary to the applicant’s contention that he is entitled to the Bronze Star Medal with two Oak Leaf Clusters, there is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he was recommended for or awarded any award of the Bronze Star Medal.  Therefore, he is not entitled to correction of his records to show award of the Bronze Star Medal with two Oak Leaf Clusters.  

3.  There is no evidence available to the Board, and the applicant has provided no evidence, which shows he was recommended for or awarded the Silver Star.  Therefore, he is not entitled to correction of his records to show award of the Silver Star.  

4.  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 the Purple Heart with two Oak Leaf Clusters.

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

BOARD VOTE:  

GDP____  AAO____  JPI______  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		George D. Paxson______
		        CHAIRPERSON

INDEX

CASE ID	AR1999016422	
SUFFIX		
RECON		
DATE BOARDED	19990630	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19691015	
DISCHARGE AUTHORITY	TITLE 10 USC 1201 	
DISCHARGE REASON	RETIREMENT – PERMANENT DISABILITY	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.	107.0014	
3.	107.0007	
4.	107.0069	
5.	107.0073	
6.	107.0111