PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           8 August 2000
	DOCKET NUMBER:   AR2000035609

	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. Hubert S. Shaw, Jr		Analyst	

  The following members, a quorum, were present:

	Mr. Stanley Kelley		Chairperson	
	Mr. James E. Anderholm		Member	
	Mr. Ronald E. Blakely		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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart and the Republic of Vietnam Campaign Medal with 1960 Device.

3.  The applicant states that his DD Form 214 does not show his Purple Heart or the Republic of Vietnam Campaign Medal with 1960 Device.  In support of his application he submits a copy of a DA Form 1577 (Authorization for Issuance of Awards), dated 24 June 1999, which shows that the Chief of the Army Reference Branch of the National Personnel Records Center authorized issuance of the Purple Heart and the Republic of Vietnam Campaign Medal with 1960 Device, among other medals, to the applicant.

4.  The applicant’s military records show that he was inducted on 7 November 1967.  He served in Vietnam as a cook’s helper from 24 October 1968 to 28 August 1969.  He was honorably discharged on 23 September 1969.

5.  The applicant’s DD Form 214 does not show the Purple Heart or the Republic of Vietnam Campaign Medal with 1960 Device as authorized awards.

6.  The applicant’s DA Form 20 (Enlisted Qualification Record) does not show any entry in item 40 (Wounds).  However, his DA Form 20 shows in item 41 (Awards and Decorations) the entry “Purple Heart GO2911 (12Nov68) Hq173dAbnBde” [Purple Heart was awarded by Headquarters 173d Airborne Brigade General Orders 2911, dated 12 November 1968].

7.  The applicant’s personnel records contain a copy of Headquarters 173d Airborne Brigade General Orders 2911, dated 12 November 1968.  The applicant’s name, service number and Social Security Account Number are not listed on this order.  

8.  The applicant’s DA Form 20 shows that he was evacuated from his unit in Vietnam on or about 28 August 1969 to the Medical Holding Company of the 249th General Hospital for perirectal abscesses.  He was subsequently evacuated to the military hospital at Fort Gordon, Georgia, and discharged.  There is no evidence the applicant was wounded or treated for wounds as a result of hostile action.

9.  The applicant’s DA Form 20 shows in item 41 that he was entitled to the Republic of Vietnam Campaign Medal with 1960 Device.

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 51, dated 1971.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) also shows the applicant is entitled to award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 5, dated 1973.

12.  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.

13.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Campaign Medal.  This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more and contributed direct combat support to the Republic of Vietnam and Armed Forces.

14.  Army Regulation 600-8-104 (Military Personnel Information Management/Records) prescribes the policies governing the Official Military Personnel File, the Military Personnel Records Jacket, the Career Management Individual File, and Army Personnel Qualification Records.  In pertinent part, this regulation states that for U.S. military decorations the only acceptable source documentation is the order, letter, or memorandum which awards the decoration. Award certificates, citations, or separation certificates alone will not be the basis for entry of a decoration.  DD Form 214 (Certificate of Release or Discharge) alone should not be the sole basis for recording a decoration.  This document may be used to initially enter a decoration; however, if the validity of the award on the DD 214 is questioned or challenged, the only acceptable proof of award of the decorations will be the order, letter, or memorandum which awarded the decoration.

CONCLUSIONS:

1.  The DA Form 1577 is not an authority for award of the Purple Heart or a basis for entering an award in official military records.  There are no orders in the applicant’s records which award him the Purple Heart.  There also is no medical evidence that he was wounded or treated for wounds as a result of hostile action in Vietnam.  Therefore, the applicant is not entitled to correction of his DD Form 214 to show award of the Purple Heart.

2.  Based on the applicant’s service in Vietnam, he is entitled to award of the Republic of Vietnam Campaign Medal with 1960 Device.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

3.  The applicant was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

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 the individual concerned was awarded the Republic of Vietnam Campaign Medal with 1960 Device, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

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

BOARD VOTE:  

________  ________  ________  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000035609	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000808	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19690923	
DISCHARGE AUTHORITY	AR .635-200	
DISCHARGE REASON	WILL NOT REENLIST	
BOARD DECISION	GRANT	
REVIEW AUTHORITY	MR SCHNEIDER	
ISSUES         1.	107.000	
2.		
3.		
4.		
5.		
6.