PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:           5 August 1999                 
	DOCKET NUMBER:   AR1999027354

	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. Mark D. Manning		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. Ernest W. Lutz, Jr.		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 military records to show award of the Purple Heart and the Bronze Star Medal.

3.  The applicant states that the medals were omitted from his DD Form 214 (Report of Transfer or Discharge).  In support of his application, he submits a newspaper article which indicates he was awarded the Purple Heart and Bronze Star Medal, two photographs of his Bronze Star Medal ceremony and VA Form 21-526e (Veterans Administration Veteran’s Application for Compensation or Pension at Separation from Service), dated 23 April 1971.

4.  The applicant’s military records show that he was inducted on 27 August 1969.  He served as a welder and heavy truck driver in Vietnam from 27 May 1970 to 26 May 1971 and was honorably discharged on 25 April 1971.

5.  The applicant’s DD Form 214 does not show the Purple Heart or the Bronze Star Medal as authorized awards.

6.  The applicant’s personnel records fail to show that he was wounded or treated for wounds as a result of hostile action.  The applicant provided VA Form 
21-526e, dated 23 April 1971, which indicates he was treated at the Surgical Hospital in Vietnam for superficial face wounds “from glass and shrap metal” on
10 March 1971.  The applicant’s name appeared on the Vietnam Casualty Roster as a combat casualty on 9 March 1971.    

7.  Headquarters United States Army Support Command, DA NANG General Orders Number 296, dated 14 May 1971, shows the applicant was awarded the Bronze Star Medal for meritorious achievement in connection with ground operations against a hostile force during February 1971 to March 1971.

8.  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.

CONCLUSIONS:

1.  The applicant was wounded as a result of hostile action on 9 March 1971; therefore, he is entitled to correction of his military records to show award of the Purple Heart.

2.  The applicant was awarded the Bronze Star Medal; therefore, he is entitled to correction of his military records to show this award.

3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

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 and the Bronze Star Medal.

BOARD VOTE:  

MDM____  AAO____  EWL____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Mark D. Manning_______
		        CHAIRPERSON

INDEX

CASE ID	AR1999027354	
SUFFIX		
RECON		
DATE BOARDED	19990805	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19710425	
DISCHARGE AUTHORITY	AR 635-200 Chapter 5  	
DISCHARGE REASON	Overseas Returnee	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.	107.0014	
3.		
4.		
5.		
6.