PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:  3 May 2000
	DOCKET NUMBER:   AR1999028775

	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. Carl W. S. Chun		Director	
	Mr. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Ernest W. Lutz		Member	
	Mr. John H. Kern		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 social security number (SSN) be corrected and that the Purple Heart and Air Medal be added to his authorized awards.

3.  The applicant states that the wrong SSN was used while he was on active duty. He also states that he received a machete wound to his right hand in January or February 1968 and that the Air Medal should be added to his DD Form 214 (report of separation).  He submits no documentation in support of his request.

4.  The applicant’s military records show that he enlisted and entered active duty on 3 April 1967.  After completion of training as a signal lineman he was assigned to Vietnam.  It appears that he was assigned to infantry duties as a rifleman and infantry squad leader during his 19 months in Vietnam.  He was promoted to grade E-5 effective 22 December 1968.

5.  He reenlisted for an additional 3 years on 7 April 1970.  His DD Form 214, issued on 6 April 1970 shows that he had 2 years, 11 months, and 29 days creditable service and no lost time.  NOTE:  His creditable service should show 3 years and 4 days.  The SSN listed is one of three used on various forms and orders but not the one he has requested.  This DD Form 214 also shows that his authorized awards include one Army Commendation Medal (ARCOM) with “V” device, the Bronze Star Medal with “V” device, and the Vietnam Service Medal.  Neither the Purple Heart nor the Air Medal are listed as authorized awards.  On 11 February 1975 a DD Form 215 (correction) was issued to show his date of entry as 3 April 1967.

6.  The applicant’s DA Form 20 (qualification record) shows that he received two awards of the ARCOM with “V” device, the Expert Marksmanship Badge with rifle bar and that he served in Vietnam from 26 October 1967 to 25 May 1969.  Neither the Purple Heart nor the Air Medal are listed under authorized awards and block 41 (wounds) is blank.

7.  He continued to serve on active duty until 2 February 1972 when he was discharged under honorable conditions in lieu of trial by court-martial.  The 
DD Form 214 issued on that date shows the same SSN as the first DD Form 214 and his prior service is again shown as 2 years, 11 months, and 29 days.  The authorized awards list the ARCOM with “V” device, twice and the Bronze Star Medal with no “V” device.  The Vietnam Campaign Medal is missing from this 
DD Form 214 and the Purple Heart and the Air Medal are not listed as authorized awards.  Foreign service is shown as 1 year and 6 months.

8.  The applicant’s records contain the following award orders.  Award of the ARCOM with “V” device for the period 7 to 9 May 1968.  The ARCOM with 
“V” device (second award) for the period 9 May 1968.  The Bronze Star Medal with “V” device for the period 26 March 1968.  The ARCOM (third award) for meritorious service for the period April 1968 to April 1969.
9.  Army Regulation 672-5-1, in effect at the time, provided the policy for awards. It provided that the Purple Heart is awarded to an individual who is wounded in action against an enemy of the United States.  The wound must have required treatment by medical personnel and there must be a record of such treatment.

10.  The regulation also provided that the Air Medal was awarded in time of war for heroism, for meritorious achievement and for meritorious service (sustained operations).  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

11.  Additionally, the regulation provided for the addition of service stars to the Vietnam Service Medal for participation in each named campaign.  A silver service star is worn in lieu of five bronze service stars.

12.  Department of the Army Pamphlet 672-3 provides the policy for unit citations.  It shows the applicant’s units were awarded the Vietnam Gallantry Cross with Palm and the Vietnam Civil Actions Honor Medal while he was a unit member.

CONCLUSIONS:

1.  There is clear evidence of record to show that the applicant was awarded the Bronze Star Medal with “V” device, three awards of the ARCOM, two with the 
“V” device, and the Expert Marksmanship Badge with rifle bar.  He is also authorized the Vietnam Gallantry Cross with Palm and the Vietnam Civil Actions Honor Medal.

2.  Additionally, the regulation shows that he is entitled to one silver service star and one bronze service star for the Vietnam Service Medal based on the six campaigns during his Vietnam service.

3.  Furthermore, the applicant’s creditable service on the DD Form 214, issued on 6 April 1970 should show 3 years and 4 days.  His creditable other service shown on the DD Form 214, issued on 2 February 1972 should show 3 years and 4 days.

4.  There is no evidence of record, and none provided by the applicant, that he was awarded or entitled to the Purple Heart or the Air Medal, or that the SSN he is requesting is the one he served on active duty with.

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

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by:

	a.  correcting the DD Form 214, issued on 6 April 1970, for the individual concerned to show that he had 3 years and 4 days creditable service and that he was awarded the ARCOM with “V” device and three oak leaf clusters, the Vietnam Service Medal with one silver and one bronze service star, the Vietnam Gallantry Cross with Palm, the Vietnam Civil Actions Honor Medal, and the Expert Marksmanship Badge with rifle bar; and

	b.  correcting the DD Form 214, issued on 2 February 1972, for the individual concerned to show that he had 3 years and 4 days other service and that he was awarded the ARCOM with “V” device and three oak leaf clusters, the Vietnam Service Medal with one silver and one bronze service star, the Vietnam Gallantry Cross with Palm, the Vietnam Civil Actions Honor Medal, and the Expert Marksmanship Badge with rifle bar.

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

BOARD VOTE:  

__RO___  __EL___  __JK___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__ Raymond V. O’Connor, Jr.___
		        CHAIRPERSON

INDEX

CASE ID	AR1999028775	
SUFFIX		
RECON		
DATE BOARDED	20000503	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PARTIAL	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.	100.09	
3.		
4.		
5.		
6.