PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            8 August 2000     
	DOCKET NUMBER:   AR2000036337

	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	
	Ms. Wanda L. Waller		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 (Report of Transfer or Discharge) to show award of the Silver Star, the Army Commendation Medal with “V” Device and the Army Commendation Medal (correctly known as the Army Commendation Medal (First Oak Leaf Cluster) with “V” Device), two awards of  the Air Medal (correctly known as the Air Medal with Numeral 2) and the Purple Heart.  

3.  The applicant states that he received the Silver Star after he came back from Vietnam and it was not placed on his DD Form 214.  He also contends that he sustained a concussion from a grenade explosion in Vietnam and was sent to the field hospital.  In support of his application, he submits a copy of orders and an award certificate for the Army Commendation Medal (First Oak Leaf Cluster) with “V” Device, a citation and an award certificate for award of the Air Medal for the period 11 October 1969 to 25 November 1969, a copy of his DD Form 214 and a personal account of his wounding by a grenade.        

4.  The applicant’s military records show that he was inducted on 3 June 1969.  He served as a light weapons infantryman in Vietnam from 2 November 1969 to 1 November 1970 and was honorably discharged on 26 May 1971.   

5.  The applicant’s DD Form 214 does not show the Silver Star, the Army Commendation Medal (First Oak Leaf Cluster) with “V” Device, any award of the Air Medal or the Purple Heart as authorized awards.  The DD Form 214 does show the Army Commendation Medal as an authorized award.  

6.  There is no evidence in the applicant’s personnel records which shows he was recommended for or awarded the Silver Star. 

7.  25th Infantry Division General Orders Number 6216, dated 3 June 1970, show the applicant was awarded the Army Commendation Medal (First Oak Leaf Cluster) with “V” Device for heroism on 24 April 1970.

8.  25th Infantry Division General Orders Number 15614, dated 28 December 1969, show the applicant was awarded the Basic Air Medal for the period 
11 October 1969 to 25 November 1969.  

9.  There are no orders in the applicant’s personnel records for the second award of the Air Medal.  However, 25th Infantry Division General Orders Number 8558, dated 1 August 1970, show the applicant was awarded the third award of Air Medal for the period 1 June 1970 to 6 July 1970.  

10.  There are no orders in the applicant’s service personnel records which show that he was awarded the Purple Heart.  There also is no evidence in his records 

that he was wounded or treated for wounds as a result of hostile action.  His DA Form 20 (Enlisted Qualification Record) does not show any entry in item 
40 (Wounds) or list the Purple Heart in item 41 (Awards and Decorations).

11.  25th Infantry Division General Orders Number 9661, dated 18 September 1970, shows the applicant was awarded the Bronze Star Medal.  This award is not shown on his discharge document. 

12.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Silver Star is awarded for gallantry in action against the enemy.  The required gallantry (spirited and conspicuous acts of heroism and courage) must have been performed with marked distinction.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

13.  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.

14.  Army Regulation 600-8-22 provides that Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the Air Medal.  The numeral 2 denotes the second award of the Air Medal.

CONCLUSIONS:

1.  The applicant’s contention that he received a Silver Star after he came back from Vietnam was noted by the Board.  However, there is no evidence of record available to the Board, and the applicant has provided no evidence, to support this contention.  Therefore, he is not entitled to correction of his military records to show award of the Silver Star.

2.  The applicant was awarded the Army Commendation Medal (First Oak Leaf Cluster) with “V” Device.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

3.  Evidence of record shows the applicant received the third award of the Air Medal.  Therefore, he is entitled to correction of his DD Form 214 to show award of the Air Medal with Numeral 3. 

4.  The Board noted the applicant’s contention that he sustained a concussion from a grenade explosion in Vietnam.  However, there is no evidence of record, and the applicant has provided no evidence, which shows that he was wounded or treated for wounds as a result of hostile action in Vietnam.  Therefore, the applicant is not entitled to award of the Purple Heart.

5.  The applicant was awarded the Bronze Star Medal.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

6.  In view of the foregoing findings and conclusion, 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: 

	a.  by deleting the entry “ARMY COMMENDATION MEDAL” from item
24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on the DD Form 214 of the individual concerned; and 

	b.  by adding the entries “Army Commendation Medal (First Oak Leaf Cluster) with “V” Device”, Air Medal with Numeral 3” and “Bronze Star Medal” in item 24 on his DD Form 214.

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

BOARD VOTE:  

SK_____  JEA_____  REB_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Stanley Kelley________
		        CHAIRPERSON

INDEX

CASE ID	AR2000036337	
SUFFIX		
RECON		
DATE BOARDED	20000808	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19710526	
DISCHARGE AUTHORITY	AR 635-200  	
DISCHARGE REASON	Early separation from overseas	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0007	
2.	107.0020	
3.	107.0018	
4.	107.0015	
5.		
6.