PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:            30 June 1999      
	DOCKET NUMBER:   AR1999021981

	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	
	Mr. Arthur A. Omartian		Member	
	Mr. John P. Infante		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 (Report of Transfer or Discharge) be corrected to show award of the Purple Heart with four Oak Leaf Clusters and to show his actual dates of service in Vietnam.  He also requests that item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) be corrected to reflect the chronological order and year of his awards.   

3.  The applicant states that he was wounded by enemy fire on 17 February 1968 in Vietnam.  In support of his application, he submits a copy of a citation for award of the Silver Star, his DA Form 20, a DD Form 214 with an effective date of 29 June 1971 and a DD Form 215 (Correction to DD Form 214) issued on
27 April 1972.

4.  The Disabled American Veterans, as counsel for the applicant, supports the applicant’s contention that he be awarded his fifth Purple Heart.

5.  The applicant’s military records show that he enlisted on 15 September 1959 and was honorably discharged on 20 September 1961.  He enlisted again on 
14 December 1961, served four tours in Vietnam as a light weapons infantryman and advanced to platoon sergeant.  He was separated from active duty with an honorable discharge on 29 June 1971 and placed on the Temporary Disability Retired List because of physical disability.  

6.  The applicant’s DD Form 214 with an effective date of 29 June 1971 does not show the Purple Heart with four Oak Leaf Clusters as an authorized award.  Item 30 (Remarks) of the DD Form 214 shows he served two tours in Vietnam 
(14 August 1968 to 4 April 1969 and 22 November 1969 to 22 February 1971).    

7.  The applicant’s DD Form 214 with an effective date of 29 June 1971 does show the Purple Heart with three Oak Leaf Clusters as an authorized award.  His records show that general orders were published for four awards of the Purple Heart for wounds he sustained on 21 July 1966, 17 September 1966, 6 March 1967 and 16 February 1968.

8.  The applicant provided a copy of a citation for award of the Silver Star.  The citation describes the events on 17 February 1968 for which the applicant received this award.  In summary, the citation states the applicant “was wounded by a rocket propelled grenade”. 

9.  Item 31 (Foreign Service) of the applicant’s DA Form 20 shows he served four tours in Vietnam (21 May 1964 to 21 August 1964; 6 June 1966 to 4 June 1967; 13 December 1967 to 4 April 1969; and 22 November 1969 to 15 December 1970). 

10.  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. The bronze oak leaf cluster is awarded to denote the second and succeeding awards of a certain decorations, among which is the Purple Heart.

11.  Army Regulation 635-5 establishes the policies and procedures for completion and distribution of the DD Form 214.  In pertinent part, it states that item 30 (Remarks) is used for entries required by Headquarters Department of the Army for which a separate block is not available and for completing entries that are too long for their blocks.  The regulation in effect at the time also required that service on or after 5 August 1964 in Indochina and Korea be shown in item 30 (Remarks) with the inclusive dates of service in Vietnam and the entries “Yes” or “No” for service in Indochina and Korea.

CONCLUSIONS:

1.  Evidence of record shows the applicant was wounded on five occasions between 21 July 1966 and 17 February 1968 in Vietnam as a result of hostile action.  Therefore, he is entitled to correction of his DD Form 214 with an effective date of 29 June 1971 to show award of the Purple Heart with four Oak Leaf Clusters.  

2.  The applicant’s DD Form 214 shows he served in Vietnam from 14 August 1968 to 4 April 1969 and from 22 November 1969 to 22 February 1971.  Given the dates the applicant was wounded in Vietnam, his dates of service in Vietnam are incorrectly displayed on his DD Form 214.  

3.  The evidence of record shows he served four tours in Vietnam from 21 May 1964 to 21 August 1964; 6 June 1966 to 4 June 1967; 13 December 1967 to 
4 April 1969; and 22 November 1969 to 15 December 1970.  Therefore, he is entitled to correction of his DD Form 214 with an effective date of 29 June 1971 to show these dates of service.

4.  The Board noted the applicant’s request to have his DA Form 20 corrected to reflect the chronological order and year of his awards.  However, the DA Form
20 became obsolete in 1974 and is no longer maintained.  Therefore, the Board has no authority to make corrections to the applicant’s DA Form 20. 

5.  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 Purple Heart with four Oak Leaf Clusters; and:

	b.  by deleting “Vietnam svc:  14Aug68-4Apr69; 22Nov69-22Feb71” in item 30 (Remarks) of the DD Form 214 of the individual concerned; and 

	c.  by adding “Vietnam svc:  21May64-21Aug64; 6Jun66-4Jun67; 13Dec67-4Apr69; 22Nov69-15Dec70” in item 30 (Remarks) of the DD Form 214.

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

BOARD VOTE:  

GDP____  AAO____  JPI______  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		George D. Paxson______
		        CHAIRPERSON

INDEX

CASE ID	AR1999021981	
SUFFIX		
RECON		
DATE BOARDED	19990630	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19710629	
DISCHARGE AUTHORITY	TITLE 10 USC 1202	
DISCHARGE REASON	PLACED ON TDRL	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.	100.0200	
3.		
4.		
5.		
6.