PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:           16 June 1999                  
	DOCKET NUMBER:   AR1999024428

	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. James M. Alward		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. Allen L. Raub		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 award of the Purple Heart and the Bronze Star Medal. 

3.  The applicant states, in effect, that he sustained a shrapnel wound to his right leg during a mortar attack in Vietnam.  He contends that he removed the shrapnel with a knife because there was no medic with him at the time, that he has the shrapnel as a souvenir and that he has a scar on his leg.  The applicant also contends that his platoon leader recommended him for award of the Bronze Star Medal for helping save a helicopter crew that went down in Vietnam.  In support of his application, he submits a letter of explanation.

4.  The applicant’s military records show that he enlisted on 26 January 1968 for a period of 3 years.  He successfully completed training and was transferred to Germany for duty as a wheeled tractor operator.  He served in Germany from
12 June 1968 to 19 November 1968 and was transferred to Vietnam.  He served in Vietnam from 14 January 1969 to 12 January 1970 and was honorably discharged on 26 October 1970.

5.  The applicant’s DD Form 214 (Report of Transfer or Discharge), which was authenticated in his own hand, does not show the Purple Heart or Bronze Star Medal as authorized awards.    

6.  There is no evidence in the applicant’s personnel records that he was awarded the Purple Heart or was wounded as a result of hostile action.  Item
40 (Wounds) of the applicant’s DA Form 20 (Enlisted Qualification Record) is blank.  Item 41 (Awards and Decorations) does not show entitlement to the Purple Heart.  The applicant’s name does not appear on the Vietnam Casualty Roster.  There were no orders for award of the Purple Heart in the applicant’s records. 

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

8.  Headquarters 18th Engineer Brigade General Orders Number 1101, dated
8 December 1969, shows the applicant was awarded the Army Commendation Medal for meritorious service from 14 January 1969 to 13 January 1970.

9.  DA Form 1577 (Authorization for Issuance of Awards), dated 13 December 1984, shows the Army Reserve Personnel Center in St. Louis, Missouri, determined that the applicant was entitled to the first award of the Good Conduct Medal.

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.

11.  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.  Notwithstanding the applicant’s contention that he sustained a shrapnel wound to his right leg during a mortar attack in Vietnam, 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 as a result of hostile action in Vietnam.  The preponderance of evidence in this case shows that the applicant was not wounded by hostile action in Vietnam.  Therefore, he is not entitled to award of the Purple Heart. 

2.  The Board noted the applicant’s contention that his platoon leader recommended him for award of the Bronze Star Medal for helping save a helicopter crew that went down in Vietnam.  However, 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.  Therefore, he is not entitled to correction of his military records to show this award. 

3.  The applicant was awarded the Army Commendation Medal and the first award of the Good Conduct Medal.  Therefore, he is entitled to correction of his military records to shows these awards. 

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 that the individual concerned was awarded the Army Commendation Medal and the first award of the Good Conduct Medal.

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

BOARD VOTE:  

JMA____  MHM____  ALR_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		James M. Alward_______
		CHAIRPERSON

INDEX

CASE ID	AR1999024428	
SUFFIX		
RECON		
DATE BOARDED	19990616	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19701026	
DISCHARGE AUTHORITY	AR 635-200 CHAPTER 5	
DISCHARGE REASON	EARLY RELEASE TO ACCEPT SEASONAL EMPLOYMENT	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.	107.0014	
3.		
4.		
5.		
6.