PROCEEDINGS

	IN THE CASE OF: -36-6320

	BOARD DATE:                  10 June 1999
	DOCKET NUMBER:         AR1999020083

	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. 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 that he be awarded the Purple Heart.

3.  The applicant states that he contacted lung cancer from exposure to Agent Orange.  He also states that substantiating documentation could be found in his Veterans Administration (VA) file.

4.  The applicant’s military records show he entered active duty on 25 July 1968 and served as a light weapons infantryman.  He continued to serve until he was honorably discharged 23 June 1969 to accept a commission.

5.  The applicant’s DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 23 June 1969, shows he was awarded the National Defense Service Medal and the Marksmanship Qualification Rifle (M16).

6.  On 24 June 1969, he was appointed as a second lieutenant in the Infantry Branch.  He continued to serve until he was honorably released from active duty on 1 May 1973 and was transferred to the USAR Control Group (REINF). 

7.  The applicant’s DD Form 214, dated 1 May 1973, shows he served in Vietnam from 4 April 1970 to 3 April 1971.  He was awarded the Vietnam Service Medal with three bronze service stars, the Republic of Vietnam Campaign Medal with 60 device, the Bronze Star Medal with two Oak Leaf Clusters, the Army Commendation Medal, the Air Medal with Numeral 1, the Parachutist Badge, and the Combat Infantryman Badge.  

8.  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.

9.  The applicant’s medical records and VA file is unavailable for review.

10.  The applicant’s personnel records show that he served in Vietnam from 4 April 1970 to 3 April 1971 which entitles him to two Overseas Service Bars.  His DD Form 214 item 22c shows that he completed 1 year of foreign service in Vietnam.

11.  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.

12.  Army Regulation 670-1, in effect at that time governs the requirement for the Overseas Service Bar.  In pertinent part, it provides that a bar is authorized for wear for each period of active Federal service as a member of the US Army outside of the continental limits of the United States.  There are special provisions regarding authorization for the Overseas Service Bar for service in hostile fire zone and for combining service to calculate award of the bars.  One overseas service bar is authorized for each period of 6 month’s active Federal service as a member of the US Army in Vietnam form 1 July 1958 to 28 March 1973.

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 during his service in Vietnam.  Therefore, he is not entitled to award of the Purple Heart.

2.  Evidence of record shows that the applicant served in Vietnam from 4 April 1970 to 3 April 1971; therefore, he is entitled to two Overseas Service Bars and correction of his records to show this award.

3.   In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected:
by showing that the individual concerned was awarded two Overseas Service Bars.

BOARD VOTE:  

SAC_____  SLP____  EJA_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Samuel A. Crumpler____
		        CHAIRPERSON

INDEX

CASE ID	AR1999020083	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990610	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19730501	
DISCHARGE AUTHORITY	AR 600-8-2. . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT/DENY	
REVIEW AUTHORITY		
ISSUES         1.  61		
2.  102		
3.  125		
4.		
5.		
6.