PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:            21 December 1999  
	DOCKET NUMBER:    AR1999027602

	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. Hubert O. Fry, Jr.		Chairperson	
	Ms. Meta Waller 		Member	
	Ms. Debra Williams 		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 with “V” Device.

3.  The applicant states, in effect, that he is entitled to the Purple Heart for being shot down by hostile fire in Vietnam.  He contends that he received “scrape” metal in his right leg, that he was seen by a flight surgeon and no record was documented.  He also contends that he was awarded the Bronze Star Medal with “V” Device.  In support of his application, he submits a copy of his DD Form 214 (Report of Transfer or Discharge). 

4.  The applicant’s military records show that he enlisted on 3 October 1968 for a period of 3 years.  He served as a combat construction specialist in Vietnam from 2 July 1969 to 22 December 1970 and was honorably discharged on 
27 September 1971.

5.  The applicant’s DD Form 214, which was authenticated in his own hand, does not show the Purple Heart or the Bronze Star Medal with “V” Device as authorized awards.   

6.  There is no evidence in the applicant’s records that shows he was awarded the Purple Heart or was wounded as a result of hostile action.  The applicant’s DA Form 20 (Enlisted Qualification Record) does not show entitlement to the Purple Heart and item 40 (Wounds) of the DA Form 20 is blank. 

7.  Item 41 (Awards and Decorations) of the applicant’s DA Form 20 (Enlisted Qualification Record) indicates he was awarded the Bronze Star Medal with “V” Device by Headquarters 1st Cavalry Division (Airmobile) General Orders Number 18910.

8.  Headquarters 1st Cavalry Division (Airmobile) General Orders Number 21895, dated 19 December 1970, shows the applicant was awarded the Bronze Star Medal for meritorious service.  This award is not shown on the applicant’s DD Form 214.

9.  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 Board noted the applicant’s contention that he was shot down by hostile fire in Vietnam and sustained “scrape” metal in his right leg.  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 as a result of hostile action.  Therefore, he is not entitled to award of the Purple Heart.  

2.  Evidence of record shows the applicant was awarded the Bronze Star Medal with “V” Device and the Bronze Star Medal.  Therefore, he is entitled to correction of his military records to show these awards.

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 Bronze Star Medal with “V” Device with First Oak Leaf Cluster.

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

BOARD VOTE:  

HOF____  MW______  DW____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Hubert O. Fry, Jr.____
		        CHAIRPERSON

INDEX

CASE ID	AR1999027602	
SUFFIX		
RECON		
DATE BOARDED	19991221	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19710927	
DISCHARGE AUTHORITY	AR 635-200  	
DISCHARGE REASON	Early separation from overseas	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.	107.0014	
3.		
4.		
5.		
6.