PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:                 28 July 1999
	DOCKET NUMBER:        AR1999017920

	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	
	M. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Ms. Lana E. McGlynn		Member	
	Ms. Margaret V. Thompson		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, in effect, that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show that he was awarded the Purple Heart.

3.  The applicant states that he was wounded twice in Vietnam and that he was never awarded the Purple Heart.  In support of his application he submits a copy of a character reference.

4.  The applicant’s military record show he was inducted on 16 November 1967 as a light weapons infantryman.  He served in Vietnam from 26 April 1968 to 25 April 1969 and was honorably discharged on 26 August 1969.

5.  The applicant’s DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Air Medal, the Combat Infantryman Badge, the Bronze Star Medal, the Vietnam Campaign Medal and two Overseas Service Bars.  His discharge document does not show the Purple Heart as an authorized award.

6.  There is no record that the applicant was awarded the Purple Heart.  There also is no indication that he was wounded as a result of hostile action. 

7.  Headquarters, US Personnel Center, Fort Lewis, Washington General Order Number 46, dated 19 August 1969, shows the applicant was awarded the first award of the Good Conduct Medal for the period 16 November 1967 to 26 August 1969, which is not shown on his DD Form 214.

8.  The Board notes that the applicant was awarded the Vietnam Civil Actions Honor Medal First Class Unit Citation by Department of the Army General Order 42, dated 1972 and the Vietnam Cross of Gallantry with Palm Unit Citation by Department of the Army General Orders 70, dated 1969,

9.  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.  There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he was injured or wounded due to hostile action during his service in Vietnam.  Therefore, he is not entitled to award of the Purple Heart.

2.  Evidence of records shows he was awarded the first award of the Good Conduct Medal for the period 16 November 1967 to 26 August 1969; therefore, he is entitled to correction of his records to show this award.

3.  The applicant was awarded the Vietnam Civil Actions Honor Medal First Class Unit Citation and the Vietnam Cross of Gallantry with Palm Unit Citation; therefore, he is entitled to correction of his records to show these awards.

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 in item 24 (Decoration and Awards) of his DD Form 214 that he was awarded the first award of the Good Conduct Medal for the period 
16 November 1967 to 26 August 1969, the Vietnam Civil Actions Honor Medal First Class Unit Citation and the Vietnam Cross of Gallantry with Palm Unit Citation.

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

BOARD VOTE:  

FNE___  LEM_____  MVT_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Fred N. Eichorn_______
		        CHAIRPERSON

INDEX

CASE ID	AR1999017920	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990728	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19690826	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  61		
2.		
3.		
4.		
5.		
6.