PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:             2 February 2000                 
	DOCKET NUMBER:    AR1999025412

	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.  

	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Calvin M. Fowler		Chairperson	
	Mr. James E. Anderholm		Member	
	Mr. Lester Echols		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 Purple Heart and the Army Commendation Medal.

3.  The applicant states that he was wounded in action on 7 December 1968 near the Cambodian Border.  He also contends that he received the Army Commendation Medal on a forward “LZ” where he was a “Padman”.  In support of his application, he submits a copy of his DD Form 214, medical records and VA Form 21-4138 (Statement in Support of Claim).

4.  The applicant’s military records show that he was inducted on 12 March 1968.  He served as a radio operator in Vietnam from 5 September 1968 through
3 January 1969 and was honorably discharged on 3 March 1970.

5.  The applicant’s DD Form 214, which was authenticated in his own hand, does not show the Purple Heart or the Army Commendation Medal as authorized awards.

6.  Headquarters 1st Air Cavalry Division General Orders Number 14902, dated 12 December 1968, shows the applicant was awarded the Purple Heart for wounds sustained on 7 December 1968 in Vietnam.

7.  There is no evidence in the applicant’s personnel records that he was recommended for or awarded the Army Commendation Medal.  Item 41 (Awards and Decorations) of the applicant’s DA Form 20 (Enlisted Qualification Record) does not show entitlement to the Army Commendation Medal.

8.  Army Regulation 600-8-22 (Military Awards) provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after
6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

CONCLUSIONS:

1.  Evidence of record shows the applicant was awarded the Purple Heart for wounds sustained on 7 December 1968 in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show award of the Purple Heart.  

2.  Although the applicant contends that he received the Army Commendation Medal, there is no evidence available to the Board, and the applicant has provided no evidence, which shows he was recommended for or awarded the Army Commendation Medal.  Therefore, he is not entitled to correction of his military 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:

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 Purple Heart.

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

BOARD VOTE:  

CMF____  JEA_____  LE______  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Calvin M. Fowler______
		        CHAIRPERSON

INDEX

CASE ID	AR1999025412	
SUFFIX		
RECON		
DATE BOARDED	20000202	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19700303	
DISCHARGE AUTHORITY	AR 635-200  	
DISCHARGE REASON	Early separation from overseas	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.	107.0020	
3.		
4.		
5.		
6.