PROCEEDINGS

	IN THE CASE OF:           

	BOARD DATE:                19 April 2000
	DOCKET NUMBER:        AR1999027741

	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. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. James P. Huber		Chairperson	
	Mr. Elzey J. Arledge, Jr.		Member	
	Mr. Van B. Cunningham		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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show that he was separated in the pay grade of E-5, instead of the pay grade of E-4 and that he be issued the medal for his award of the Purple Heart.

3.  The applicant states that while assigned to the 501st Infantry he was informed that orders were published promoting him to the pay grade of E-5; however, the promotion was not annotated on his DD Form 214.  He also states that he received the award of the Purple Heart while assigned to the 5th Infantry
Division on or about 6 June 1961 (sic); however, he never received the medal or citation.  He further states that service records from the National Personnel Records Center (NPRC) do not contain any orders for his award of the Purple Heart.  In support of his application he submits copies of orders awarding him the Combat Infantryman Badge (CIB) and the Army Commendation Medal (ARCOM).

4.  The applicant’s military records show he entered active duty on 6 January 1969 as an infantry direct fire crewman.  He served in Vietnam from 16 January 1971 to 19 December 1971 and was honorably discharged on 20 December 1971.

5.  Item 5a (Grade, Rate or Rank) of the applicant’s DD Form 214, which was authenticated in his own hand, shows the entry “SP4”.  Item 5b (Pay Grade) shows the entry “E-4” and item 6 (Date of Rank) shows the entry “14 Jul 70”.

6.  The applicant’s DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Purple Heart and the Marksmanship Badge (M-14).  

7.  The applicant’s records contain a DA Form 2173 (Statement of Medical Examination and Duty Status) which shows that the applicant sustained a gunshot wound to his left foot while cleaning a non-military rifle/weapon on 2 March 1970 in Spokane, Washington.  The applicant’s records also contain a DD Form 261 (Report of Investigation) which determined that his wound was self-inflicted and was in the line of duty.

8.  Headquarters, 101st Airborne Division (Airmobile) Special Orders Number 328, dated 24 November 1971, awarded the applicant the Combat Infantryman Badge.

9.  Headquarters, 101st Airborne Division (Airmobile) General Orders Number 11036, dated 23 November 1971, awarded the applicant the Army Commendation Medal for meritorious service for the period January 1971 to January 1972.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 6, dated 1974.

11.  Army Regulation 600-8-22 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.  There is no evidence in the available records to show that he was officially advanced to the pay grade of E-5 prior to his separation from the service.  Inasmuch as the applicant signed his DD Form 214 showing his pay grade of E-4
at the time of separation, it must be presumed, in the absence of evidence to the contrary, that he had not been promoted to the pay grade of E-5.  Therefore, he is not entitled to correction of his DD Form 214 to show his pay grade as E-5.

2.  Medical evidence of record shows the applicant accidentally sustained a gunshot wound to his left foot on 2 March 1970 in Spokane, Washington, while cleaning a gun.  However, there is no evidence of record and the applicant has provided no evidence, to show that he was wounded or injured as a result of hostile action while serving in Vietnam.  Therefore, he is not entitled to the Purple Heart.

3.  The applicant was awarded the Combat Infantryman Badge, the Army Commendation Medal and the Republic of Vietnam Gallantry Cross with Palm Unit Citation; therefore, he is entitled to correction of his records to show these awards.

4.  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 Combat Infantryman Badge, the Army Commendation Medal and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

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

BOARD VOTE:  

_JPH____  EJA____  VBC____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____James P. Huber___________
		        CHAIRPERSON

INDEX

CASE ID	AR1999027741	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000419	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19711220	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON		
BOARD DECISION	DENY/GRANT	
REVIEW AUTHORITY		
ISSUES         1.  1021		
2.  157		
3.  66		
4.		
5.		
6.