SUPPLEMENTAL PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:           14 December 2000
	DOCKET NUMBER:   AR1999026207

	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.  A quorum was present during the further consideration and deliberation.  The findings appearing in proceedings dated 8 March 2000 were affirmed.  The following additional findings, conclusions, and recommendation were adopted by the Board.

	Mr. Carl W. S. Chun		Director	
	Mr. Kenneth H. Aucock		Analyst	

	The Board convened at the call of the Director on the above date to reconsider the conclusions and recommendation appearing in proceedings dated 8 March 2000.

	Ms. June Hajjar		Chairperson	
	Mr. Hubert O. Fry		Member	
	Mr. Richard T. Dunbar  		Member	

	The applicant and counsel, if any, did not appear before the Board.

	The Board considered the following additional evidence:

	Exhibit  A – Applicant letter of 21 July 2000 to the Board  
             Concerning the Purple Heart w/letter of support and
              DD Forms 214

THE BOARD ADDITIONALLY FINDS:

29.  In response to a request from this agency of evidence that he was wounded in action, the applicant forwarded a copy of a 11 June 1990 letter from a former soldier to the VA, in which that person stated that the applicant injured his back when the vehicle in which he was riding hit a mine on 22 August 1970 in Vietnam, and subsequently received medication for his back.

30.  There is no evidence in the applicant’s record, other than the above statement, to show that the applicant was wounded in action or that he was awarded the Purple Heart, although his 10 March 1991 DD Form 214 shows an entry depicting that award.  The applicant’s two DD Forms 214 covering the period 21 November 1966 through 7 May 1973 do not show an entry of an award of the Purple Heart.  There are no orders showing he was awarded that medal.  The applicant’s Personnel Qualification Record, which he signed on 9 June 1985, does not show award of the Purple Heart.  There are no medical documents to show that he was wounded in action.                    

31.  There is evidence, however, to show that the applicant’s units, Headquarters and Headquarters Company of the 313th RR Battalion; and Headquarters and Headquarters Detachment of the 18th Military Police Brigade, were awarded the Meritorious Unit Commendation for their actions during his assignment to those units.  Therefore, the conclusion concerning that award in paragraph 12 of the original proceedings is incorrect.

32.  The findings and conclusions in the board proceedings of 8 March 2000 are essentially correct with respect to the errors on the applicant’s 10 March 1991         DD Form 214 and his 21 February 1992 DD Form 215.  Nonetheless, in order not to vindicate an award of a Purple Heart as shown on his 10 March 1991 DD Form 214, when no medical documentation exists to show that the applicant was wounded in action, the issuance of a new DD Form 214 showing that award is not considered appropriate.

THE BOARD ADDITIONALLY CONCLUDES: 

17.  At the time of the Board’s 8 March 2000 decision in this case, it was the intent of the Board to make the applicant’s record as administratively correct as it should properly have been at the time of his discharge on 10 March 1991.  Consequently, the Board directed that a new DD Form 214 be issued because of the numerous incorrect entries concerning awards on his 10 March 1991 DD Form 214 and his       21 February 1992 DD Form 215.  However, because of the lack of conclusive evidence to show that the applicant was wounded in action and that he is entitled to award of the Purple Heart, it is more prudent to correct the entries on his                      DD Form 214 and his DD Form 215 by issuing a DD Form 215 correcting those records, without disturbing the entry of the Purple Heart on his DD Form 214.   
18.  In view of the additional factors in this case, the applicant is entitled to award of the Meritorious Unit Commendation (1st oak leaf cluster).  His DD Form 214 should be corrected to show that award.  

19.  The following award entries on his 10 March 1991 DD Form 214 should be corrected as follows:

     a.  Delete the entry, “Army of Occupation Medal (Army-Air Force).”  Add the entry, “Army of Occupation Medal with Germany clasp.”

     b.  Delete the entry, “Overseas Service Bar – 1.”  The applicant is entitled to          6 overseas service bars, which are shown on his DD Form 214.

     c.  Delete one of the entries showing award of the Republic of Vietnam Gallantry Cross with Palm.  This is a duplicate entry.  Only one award of that citation is authorized.   

     d.  Delete the entry, “Vietnam Service Medal w/10 service stars.”  Add the entry, “Vietnam Service Medal with two silver service stars.”  One silver service star for every five campaigns.  The applicant participated in 10 campaigns.

     e.  Delete the entry, “Republic of Vietnam Campaign Medal.”  Add the entry, “Republic of Vietnam Campaign Medal w/60 device.”  The latter is the correct entry for that award.

     f.  Delete the entry, “Army Reserve Components Achievement Medal.”  Add the entry, “Army Reserve Components Achievement Medal with first oak leaf cluster.”  The applicant received the additional award as noted in the original proceedings of    8 March 2000.

     g.  Add the entry, “Armed Forces Reserve Medal with “M” device”.  The applicant is entitled to that award as noted in the original proceedings. 

     h.  Delete the entries, “Expert Marksmanship Badge Rifle, M-16”, “Expert Marksmanship Badge Grenade”, and “Sharpshooter Marksmanship Badge Pistol,   45 cal.”  Add the entries, “Expert Qualification Badge with rifle bar and grenade bar”, and “Sharpshooter Qualification Badge with pistol bar.”  This is necessary only to depict the correct terminology for those awards.

20.  All entries on the 21 February 1992 DD Form 215 concerning the correction of awards should be deleted.  Those entries are either incorrect or duplicates of entries on the DD Form 214 of 10 March 1991.

21.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records as recommended below.

THE BOARD RECOMMENDS:

1.  That all of the Department of the Army records related to this case be corrected by deleting the Board’s recommendation concerning the issuance of a new DD Form 214 appearing in the proceedings dated 8 March 2000.  The applicant’s records should be corrected by issuing a DD Form 215 correcting the award entries on his   10 March 1991 DD Form 214, as follows:

     a.  Delete the entries:  Army of Occupation Medal (Army-Air Force), Overseas Service Bar – 1, Republic of Vietnam Gallantry Cross with Palm (one entry only), Vietnam Service Medal w/10 service stars, Republic of Vietnam Campaign Medal, and Army Reserve Components Achievement Medal.  Delete the entries:  Expert Marksmanship Badge Rifle, M-16; Expert Marksmanship Badge Grenade; and Sharpshooter Marksmanship Badge Pistol, 45 cal.

     b.  Add the entries:  Meritorious Unit Commendation with first oak leaf cluster, Army of Occupation Medal with Germany clasp, Vietnam Service Medal with two silver service stars, Republic of Vietnam Campaign Medal w/60 device, Army Reserve Components Achievement Medal with first oak leaf cluster, and Armed Forces Reserve Medal with “M” device.  Add the entries:  Expert Qualification Badge with rifle bar and grenade bar; and Sharpshooter Qualification Badge with pistol bar.  

2.  Delete all entries on the 21 February 1992 DD Form 215 concerning the correction of awards.

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

BOARD VOTE:

___jh___  ___rtd___  ___hof____ GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999026207	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20001214	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  46	107.00	
2.		
3.		
4.		
5.		
6.