MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:            10 February 2000  
	DOCKET NUMBER:   AR1999026933

	I certify that hereinafter is recorded the record of consideration 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. Van B. Cunningham		Chairperson	
	Mr. James P. Steuve		Member	
	Mr. Kenneth L. Wright		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  In effect, award of the Purple Heart, the Oversea Ribbon (correctly known as the Oversea Service Bar) and the Expert Qualification Badge with Rifle Bar.

APPLICANT STATES:  In effect, that he was shot in Vietnam and the awards were never recorded.  In support of his application, he submits a copy of his DD Form 214 (Report of Transfer or Discharge).

EVIDENCE OF RECORD:  The applicant's military records show:

The applicant was inducted on 3 January 1967.  He served as a petroleum storage specialist in Vietnam from 28 January 1968 through 21 December 1968 and was honorably discharged on 22 December 1968.

The applicant’s DD Form 214, which was authenticated in his own hand, does not show the Purple Heart or the Expert Qualification Badge with Rifle Bar as authorized awards.  The applicant’s DD Form 214 does show two Oversea Service Bars as authorized awards.

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 and item 41 (Awards and Decorations) does not show entitlement to the Purple Heart.

The applicant’s personnel records show that he served two overseas assignments.  He served in Germany from 19 June 1967 through 21 November 1967 (five months) and served in Vietnam from 28 January 1968 through
21 December 1968 (approximately 11 months). 

The applicant’s personnel records fail to show that he was awarded the Expert Qualification Badge with Rifle Bar.  Headquarters U.S. Army Training Center and Fort Leonard Wood Special Orders Number 46, dated 15 February 1967, shows he was awarded the Sharpshooter Qualification Badge with Rifle Bar.  Item 29 (Qualification in Arms) on his DA Form 20 (Enlisted Qualification Record) shows one entry for the Sharpshooter Qualification Badge with Rifle M-14.

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.

Army Regulation 670-1, in effect at the time, governs the requirements for the Oversea Service Bar.  In pertinent part, it provides that a bar is authorized for wear for each period of active Federal service as a member of the U. S. Army outside of the continental limits of the United States.  There are special provisions regarding authorization for the Oversea Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars.  For Vietnam service, one oversea service bar is authorized for each period of six months active Federal service as a member of a U.S. Service in Vietnam from
1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam are counted as a whole month for credit toward the oversea service bar.

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.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  The Board noted the applicant’s contention that he was shot in Vietnam.  However, 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 by hostile action in Vietnam.  Therefore, he is not entitled to correction of his military records to show award of the Purple Heart. 

2.  Evidence of record shows the applicant served in Germany for five months, that he served in Vietnam for approximately 11 months and that he was awarded two Oversea Service Bars as reflected on his DD Form 214.  There is no evidence available to the Board, and the applicant has provided no evidence, which shows he served an additional period of active Federal service outside of the continental limits of the United States or that he served 12 months in Vietnam.  Therefore, he is not entitled to correction of his military records to show an additional award of the Oversea Service Bar.

3.  Although the applicant contends that he is entitled to the Expert Qualification Badge with Rifle Bar, there is no evidence of record available to the Board, and the applicant has provided no evidence, to support this contention.  Evidence of record shows he qualified for the Sharpshooter Qualification Badge with Rifle Bar.  This badge is properly reflected in his personnel records and on his DD Form 214.  Therefore, based on the foregoing, the applicant is not entitled to award of the Expert Qualification Badge with Rifle Bar.

4.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

VBC____  JPS_____  KLW____  DENY APPLICATION

						Karl F. Schneider
						Director, Army Review Boards Agency

INDEX

CASE ID	AR1999026933	
SUFFIX		
RECON		
DATE BOARDED	20000210	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19681222	
DISCHARGE AUTHORITY	AR 635-200  	
DISCHARGE REASON	Oversea Returnee	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.	107.0079	
3.	107.0108	
4.		
5.		
6.