PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:            21 July 1999      
	DOCKET NUMBER:   AR1999021137

	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. 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 correction of his DD Form 214 (Report of Transfer or Discharge) to show award of the Bronze Star Medal with “V” Device, the Combat Infantryman Badge (CIB), the Expert (Rifle) Qualification Badge and three awards of the Purple Heart (correctly known as the Purple Heart with two Oak Leaf Clusters).  He also requests that item 8 (Place of Birth) on his DD Form 
214 be corrected to show “Lynn, MA” instead of “Linn, Mass”.  The Board notes the applicant provided an annotated copy of his DD Form 214 wherein he requests that item 30 (Remarks) on the DD Form 214 be corrected to show
“3 Years College – Political Science BA Degree – University of West Georgia” instead of “3 Years College – Psychology”. 

3.  The applicant states, in effect, that he was verbally awarded the Bronze Star Medal with “V” Device while in the hospital in Vietnam for helping a fellow soldier while under heavy fire.  He contends that he served in the infantry and had an infantry military occupational specialty (MOS).  He states that he was an “Expert (Rifle)” and that another soldier with the same last name in his company shot marksman and was given the applicant’s expert qualification badge.  He goes on to state that he was wounded in Vietnam on three occasions (January 1968, February 1968, and April 1968) and that he was born in Lynn, Massachusetts, not “Linn”.  In support of his application, he submits an annotated DD Form 214 and a copy of orders awarding the “Purple Heart – Third Award”.   

4.  The applicant’s military records show that he was inducted on 18 July 1969.  He successfully completed training and was transferred to Vietnam for duty as a light weapons infantryman.  He served in Vietnam from 15 December 1967 to
14 December 1968 and was honorably discharged on 18 July 1969.

5.  The applicant’s DD Form 214, which was authenticated in his own hand, does not show the Bronze Star Medal with “V” Device, CIB, Expert (Rifle) Qualification Badge or the Purple Heart with two Oak Leaf Clusters as authorized awards.  Item 8 (Place of Birth) of the DD Form 214 shows “Linn, Mass”. 

6.  There is no evidence in the applicant’s personnel records which shows he was recommended for or awarded the Bronze Star Medal with “V” Device.

7.  The applicant’s records show he was assigned to an infantry battalion in an infantry MOS while in Vietnam.

8.  The applicant’s personnel records fail to show that he qualified for or was awarded the Expert (Rifle) Qualification Badge.  The applicant’s DD Form 
214 shows the Marksman (Rifle) as an authorized award.  Item 41 (Awards and Decorations) of the applicant’s DA Form 20 (Enlisted Qualification Record) shows the Marksman (Rifle) Qualification Badge.   

9.  The applicant’s DD Form 214 shows one award of the Purple Heart as an authorized award.  Item 40 (Wounds) of the applicant’s DA Form 20 shows one entry for a fragment wound to the buttocks and both legs sustained on 13 April 1968.  The applicant’s name appears once on the Vietnam Casualty Roster for wounds sustained on 12 April 1968.  

10.  Item 41 (Awards and Decorations) of the DA Form 20 shows two awards of the Purple Heart.  One entry shows a Purple Heart was awarded by Headquarters 1st Cavalry Division (Airmobile) General Orders Number 2156; and the other entry shows a Purple Heart was awarded by Headquarters 1st Cavalry Division (Airmobile) General Orders Number 1374.      

11.  Headquarters, 1st Cavalry Division (Airmobile) General Orders Number
2156, dated 11 April 1968, shows the applicant was awarded the Purple Heart for wounds sustained on 12 April 1968.  

12.  Headquarters 1st Cavalry Division (Airmobile) General Orders Number 1374, dated 9 March 1968, shows the Bronze Star Medal was awarded posthumously to a soldier for meritorious service from September 1967 to January 1968. 

13.  The applicant provided a copy of Headquarters 67th Evacuation Hospital General Orders Number 132, dated 15 April 1968, which shows he was awarded the “Purple Heart - Third Award” for wounds sustained on 12 April 1968.

14.  Item 11 (Place of Birth) on the applicant’s DD Form 47 (Record of Induction) shows “Lynn, Mass.”.  DD Form 1584 (Department of Defense National Agency Check Request), dated 2 August 1967, indicates the applicant’s place of birth is Lynn, Massachusetts.   

15.  The applicant’s DD Form 47 indicates that he completed 3 years of college.  His DA Form 20 indicated in item 32 (Civilian Education) that he completed 43 semester hours at West Georgia College.  This entry indicates that his major field of study was Psychology but does not indicate he graduated. 
 
16.  Army Regulation 600-8-22 (Military Awards) 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.  The bronze “V” device indicates acts of heroism involving conflict with an armed enemy.
 
17.  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.

18.  Army Regulation 600-8-22, in pertinent part, sets forth requirements for award of basic marksmanship qualification badge.  The qualification badge is awarded to indicate the degree in which an individual has qualified in a prescribed record course, and an appropriate bar is furnished to denote each weapon with which the individual has qualified.  The qualification badges are in three classes:  Expert, Sharpshooter, and Marksman.

19.  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.  The regulation also states that a Purple Heart is authorized for the first wound suffered under conditions indicated above, but for each subsequent award an Oak Leaf Cluster will be awarded.  Not more than one award will be made for more than one wound or injury received at the same instant or from the same missile, force, explosion, or agent.  

CONCLUSIONS:

1.  Contrary to the applicant’s contention that he was awarded the Bronze Star Medal with “V” Device, there is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he was recommended for or awarded the Bronze Star Medal with “V” Device.  Therefore, he is not entitled to this award.

2.  Evidence of record shows the applicant served in an infantry MOS while assigned to an infantry battalion in combat in Vietnam.  Therefore, he is entitled to correction of his military records to show award of the CIB.

3.  Notwithstanding the applicant’s contention that he was awarded the Expert (Rifle) Qualification Badge, there is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he qualified for or was awarded the Expert (Rifle) Qualification Badge.  Therefore, he is not entitled to this award.

4.  The Board noted the applicant’s contention that he was wounded in January, February and April 1968 in Vietnam.  The Board also noted the orders submitted with his application.  However, the preponderance of evidence in this case shows the applicant was wounded on 12 April 1968.  There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he was wounded or treated for wounds sustained in January 1968 or February 1968 as a result of hostile action.   

5.  The evidence of record also shows the applicant received two awards of the Purple Heart for wounds sustained on 12 August 1968.  There is no evidence of record which shows that he was wounded on two separate occasions on 
12 August 1968.

6.  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 the applicant is entitled to only one award of the Purple Heart for wounds sustained on 12 August 1968.  Therefore, the applicant’s DD Form 214 is correct as currently constituted and he is not entitled to the Purple Heart with two Oak Leaf Clusters.      

7.  Evidence of record shows the applicant was born in Lynn, Massachusetts.  However, through an administrative error his place of birth was incorrectly recorded on his DD Form 214.  Therefore, it would be in the interest of justice to correct his DD Form 214 at this time.  

8.  There is no evidence available to the Board, and the applicant has provided no evidence, which shows he earned a degree in Political Science from the University of West Georgia.  Therefore, he is not entitled to correction of item 
30 (Remarks) on his DD Form 214. 

9.  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:
a.  by showing that the individual concerned was awarded the CIB; and

	b.  by deleting the entry “Linn, Mass” in item 8 (Place of Birth) on his DD Form 214; and 

	c.  by adding the entry “Lynn, MA” in item 8 (Place of Birth) on his DD Form 214.

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	AR1999021137	
SUFFIX		
RECON		
DATE BOARDED	19990721	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19690718	
DISCHARGE AUTHORITY	AR 635-200  	
DISCHARGE REASON	ETS	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0014	
2.	107.0111	
3.	107.0108	
4.	107.0015	
5.	100.0800	
6.	100.0000