PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:                 4 August 1999
	DOCKET NUMBER:        AR1999020034

	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. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. Fred K. McCoy		Chairperson	
	Ms. Irene N. Wheelwright		Member	
	Mr. George D. Paxson		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 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show that he was awarded the Purple Heart and the Bronze Star Medal.

3.  The applicant states, in effect, that his DD Form 214 does not show the Purple Heart or Bronze Star Medal.  He also states that he was wounded in Vietnam in April 1969 near Hamburger Hill. 

4.  The applicant’s military records show he was inducted on 11 January 1968 as a light weapons infantryman.  He served in Vietnam from 30 November 1968 to 29 November 1969 and was honorably discharged on 2 December 1969.

5.  The applicant was awarded the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, the Combat Infantryman Badge and the Air Medal.  His discharged document does not show the Purple Heart or the Bronze Star Medal as authorized awards.

6.  The applicant was awarded the Purple Heart by Headquarters, 101st Airborne Division (Airmobile) General Orders Number 12250, dated 20 September 1969, for wounds received in action on 24 April 1969 while serving in Vietnam.

7.  There is no evidence in the applicant’s personnel records, which shows that he was recommended for or awarded the Bronze Star Medal.

8.  The Board notes that the applicant was awarded the Vietnam Cross of Gallantry with Palm Unit Citation by Department of the Army General Orders 43, dated 1970, which is not shown on his discharge document.

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.

10.  Army Regulation 600-8-22 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.  

CONCLUSIONS:

1.  Evidence of record shows he was awarded the Purple Heart for wounds received in action on 24 April 1969 while serving in Vietnam; therefore, he is entitled to correction of his records to show the Purple Heart.

2.  There is no evidence of record, and the applicant has provided no evidence, which shows that he was recommended for or awarded the Bronze Star Medal; therefore, he is not entitled to this award.

3.  The applicant was awarded the Vietnam Cross of Gallantry with Palm Unit Citation; therefore, he is entitled to correction of his records to show this award.

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 (Decorations and Awards) of his DD Form 214 that he was awarded the Purple Heart for wounds received in action on 24 April 1969 while serving in Vietnam 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:  

FKM____  INW____  GDP_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Fred K. McCoy_________
		        CHAIRPERSON

INDEX

CASE ID	AR1999020034	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990804	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19691202	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  61		
2.		
3.		
4.		
5.		
6.