PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:           15 July 1999      
	DOCKET NUMBER:   AR1999019959

	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	
	Ms. Jennifer L. Prater		Member	
	Ms. Debra Williams		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, award of the Purple Heart, the Vietnam Service Medal with four bronze service stars, the Prisoner of War (POW) Medal and the Combat Infantryman Badge (CIB).  He also requests that his DD Form 214 be corrected to show all of his military occupational specialties (MOS) and that he was awarded the Adjutant Service Certificate. 

3.  The applicant states, in effect, that his DD Form 214 (Report of Separation from Active Duty) should be corrected to reflect these four awards, all of his MOS’s and the Adjutant Service Certificate.  In support of his application, he submits a copy of a BIRLS Data Form which shows “PURPLE HEART” and “ADJ SVC CERT”; a DA Form 1577 (Authorization for Issuance of Awards), dated
17 February 1994; two letters dated 20 December 1993 wherein the applicant requests assistance to obtain the CIB and Purple Heart from the Florida Senator and his POW Medal from the Veterans Affairs; a letter from the U.S. Senator of Florida, dated 12 May 1994; a citation for award of the Air Medal; three Certificates of Training; two Honorable Discharge Certificates; an award certificate for the Air Medal, dated 24 October 1967; a copy of his DA Form 
20 (Enlisted Qualification Record) and several excerpts from his 201 file.        

4.  The applicant’s military records show that he enlisted on 23 April 1954 for a period of 3 years.  He trained as a light weapons infantryman and was honorably discharged (due to asthma) on 25 July 1955.  After an 11-year break in service, the applicant enlisted on 21 July 1966 for a period of 3 years.  He served in Vietnam as an aircraft electrician from 10 January 1967 to 23 February 1968 and was discharged under honorable conditions (general discharge) under the provisions of Army Regulation 635-212, for unsuitability by reason of character and behavior disorders.  On 18 October 1977, the Special Discharge Review Board upgraded the applicant’s discharge to honorable.       

5.  The applicant’s DD Forms 214 do not show the Purple Heart, the Vietnam Service Medal with four bronze service stars, the POW Medal or the CIB as authorized awards.  The Board notes the DD Form 214 with an effective date of 28 February 1968 does show the Vietnam Service Medal 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 is blank.  Item 41 (Awards and Decorations) does not show entitlement to the Purple Heart.  The applicant’s records indicate that his name does not appear on the Vietnam Casualty Roster.     
7.  DA Form 1577, dated 17 February 1994, shows the Army Reserve Personnel Center in St. Louis, Missouri, determined the applicant was entitled to the Vietnam Service Medal with four bronze service stars.   

8.  The applicant’s personnel records fail to show that he was a POW.  Item
9 of the Supplemental Data Sheet provided by applicant shows “Prisoner of War: NO”. 

9.  The applicant’s records indicate that he trained as a light weapons infantryman during his first enlistment (April 1954 – July 1955).  His records show that during his assignment in Vietnam, he was assigned to two transportation detachments and his primary military occupational specialty (MOS) was
68F (electrician aircraft).   

10.  The applicant’s DD Form 214 with an effective date of 25 July 1955 shows his MOS as “Lt Wpns Inf” [light weapons infantryman].  The applicant’s DD Form 214 with an effective date of 28 February 1968 shows his MOS as “ELECT ACFT” [electrician aircraft].    

11.  The applicant’s personnel records fail to show that he was awarded the Adjutant Service Certificate. 

12.  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.

13.  Army Regulation 600-8-22 provides, in pertinent part, for award of the POW Medal.  The regulation states that the POW Medal was authorized on 8 November 1985 and is awarded to individuals who in past armed conflicts were taken prisoner or held captive.

14.  Army Regulation 600-8-22 provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  The Awards Branch of the Total Army Personnel Command has advised, in similar cases, that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

15.  Army Regulation 635-5 established the standardized policy for preparing and distributing the DD Form 214.  In pertinent part it states that the primary MOS or Area of Concentration (AOC) and all additional MOS/AOC served for a period of one year or more, during soldier’s continuous active military service will be entered in item 11 (Primary Specialty).

16.  Army Regulation 635-5 provides that item 26 of the DD Form 214 will reflect decorations, medals, badges, citations and campaign ribbons awarded or authorized for all periods of service.  Certificates of Achievement, Letters of Appreciation, and similar documents are not recorded on the DD Form 214.

CONCLUSIONS:

1.  Notwithstanding the BIRLS Data Form which shows “PURPLE HEART” provided by the applicant, there is no evidence available to the Board which shows he was wounded or treated for wounds sustained as a result of hostile action.  Therefore, the applicant is not entitled to correction of his military records to show award of the Purple Heart. 

2.  The applicant was awarded the Vietnam Service Medal with four bronze service stars; therefore, he is entitled to correction of his military records to show this award. 

3.  There is no evidence available to the Board, and the applicant has provided no evidence, which shows he was taken prisoner or held captive in Vietnam.  Therefore, he is not entitled to award of the POW Medal.

4.  The Board notes that the applicant was awarded an infantry MOS during his first enlistment; however, there is no evidence available to the Board, and the applicant has provided no evidence, which shows he served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  Therefore, he is not entitled to award of the CIB.

5.  The Board noted the applicant’s contention that his DD Form 214 be corrected to show all of his MOS’s.  However, evidence of record shows the applicant served in MOS 111.07 (light weapons infantryman) during his first enlistment, had a break in service, and served in MOS 68F (electrician aircraft) during his second enlistment.  In accordance with the governing regulation, the primary MOS and all additional MOS’s served for a period of one year or more, during a soldier’s continuous active military service will be entered on the
DD Form 214.  Therefore, the applicant’s DD Forms 214 are correct as currently constituted.

6.  The Board noted the applicant’s contention that he was awarded the Adjutant Service Certificate and the BIRLS Data Form which shows ‘ADJ SVC CERT” provided by the applicant.  However, there is no evidence of record available to the Board which shows he received this certificate.  Nevertheless, in accordance with the governing regulation, Certificates of Achievement, Letters of Appreciation, and similar documents are not recorded on the DD Form 214.

7.  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 that the individual concerned was awarded the Vietnam Service Medal with four bronze service stars.

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

BOARD VOTE:  

GDP____  JLP_____  DW_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		George D. Paxson______
		        CHAIRPERSON

INDEX

CASE ID	AR1999019959	
SUFFIX		
RECON		
DATE BOARDED	19990715	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19680228	
DISCHARGE AUTHORITY	AR 635-212   	
DISCHARGE REASON	UNSUITABILITY BY REASON OF CHARACTER AND BEHAVIOR DISORDERS	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.	107.0073	
3.	107.0029	
4.	107.0111	
5.	100.0500	
6.