PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:                 21 July 1999
	DOCKET NUMBER:        AR1999020303

	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. Curtis W. Barbee		Chairperson	
	Mr. James M. Alward		Member	
	Mr. Robert G. Hinkle		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 two awards of the Purple Heart (correctly known as the Purple Heart with one Oak Leaf Cluster), the Bronze Star Medal, the Combat Infantryman Badge, the Expert Marksmanship Qualification Badge and to show all awards and decorations to which he is entitled.

3.  The applicant states, in effect, that the aforementioned awards are not listed on his DD Form 214.

4.  The applicant’s military records show he entered active duty as a field wireman (military occupational specialty 36K).  He served in Vietnam from 28 December 1968 to 19 May 1969 and was honorably discharged on 8 December 1969.

5.  The applicant’s DD Form 214 shows he was awarded the National Defense Service Medal and the Vietnam Service Medal.  

6.  The applicant’s DD Form 214, which was authenticated in his own hand, does not show the Purple Heart with one Oak Leaf Cluster, the Bronze Star Medal, the Combat Infantryman Badge and the Expert Qualification Badge as authorized awards.  The Board notes the DD Form 214 does not show any award of the Purple Heart.

7.  Headquarters, 106 General Hospital General Orders Number 32, dated 21 May 1969, shows the applicant was awarded the Purple Heart for wounds sustained on 15 May 1969.

8.  Headquarters, 1st Infantry Division General Orders Number 5765, dated 23 June 1969, shows the applicant was awarded the Purple Heart for wounds sustained on 15 May 1969. 

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

10.  There is no indication in the applicant’s personnel records that show he was awarded an infantry military occupational specialty (MOS), that he served in an
infantry duty position or that he was awarded the CIB.  Records show the applicant served as a field wireman while serving in Vietnam.

11.  Headquarters, United States Army Training Center Special Orders 
Number 43, dated 17 February 1967, shows the applicant was awarded the Expert Qualification Badge with Rifle Bar (M14) which is not shown on his DD Form 214.

12.  Headquarters, 1st Battalion, 18th Artillery Special Orders Number 124, dated 15 November 1968, shows the applicant was awarded the Sharpshooter Qualification Badge with Rifle Bar (M16) which is not shown on his DD Form 214.

13.  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 53, dated 1970.  This award is not shown on his discharge document.

14.  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.

15.  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.

16.  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.

CONCLUSIONS:

1.  The evidence of record shows the applicant received two awards of the Purple Heart for wounds sustained on 15 May 1969.  However, there is no evidence of record, which shows that he was wounded on two separate occasions on 15 May 1969.

2.  Based on the foregoing and the governing regulation, not more than one award of the Purple Heart will be made for more than one wound or injury received at the same instant or from the same missile, force, explosion, or agent. Thus, the Board determined that he applicant is entitled to only one award of the Purple Heart for wounds sustained on 15 May 1969.  Therefore, he is entitled to correction of his military records to show a total of one award of the Purple Heart.

3.  There is no evidence or 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.
4.  Evidence of record shows that the applicant served as a field wireman while serving in Vietnam.  Therefore, he is not eligible for award of the CIB.

5.  The applicant was awarded the Expert Qualification Badge with Rifle Bar (M14) and the Sharpshooter Qualification Badge with Rifle Bar (M16); therefore, he is entitled to correction of his records to show these awards.

6.  The applicant was awarded the Vietnam Civil Actions Honor Medal First Class Unit Citation; therefore, he is entitled to correction of his records to show this award.

7.  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 

	a.  by showing in item 24 (Decorations and Awards) of the DD Form 214 of the individual concerned that he was awarded the Purple Heart; and

	b.  by showing in item 24 of his DD Form 214 that he was awarded the Expert Qualification Badge with Rifle Bar (M14), the Sharpshooter Qualification Badge with Rifle Bar (M16) and the Vietnam Civil Action Honor Medal First Class Unit Citation.

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

BOARD VOTE:  

CWB____  JMA____  RGH____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Curtis W. Barbee______
		        CHAIRPERSON

INDEX

CASE ID	AR1999020303	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990721	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19691208	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  61.		
2.   60		
3.   157		
4.		
5.		
6.