PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           13 June 2000      
	DOCKET NUMBER:   AR2000037413

	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:

	Ms. Elizabeth Buchanon		Chairperson	
	Mr. John H. Kern		Member	
	Ms. Barbara J. Ellis		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 Bronze Star Medal and the Purple Heart.

3.  The applicant states, in effect, that prior to completion of his tour in Vietnam he was given emergency leave to attend his younger brother’s funeral and only completed ten months in Vietnam.  He contends that if he had completed his tour in Vietnam he would have been awarded the Bronze Star Medal.  He also contends that he was wounded on a listening post and sustained a shrapnel wound to his right wrist.  In support of his application, he submits a letter of explanation. 

4.  The applicant’s military records show that he enlisted on 8 November 1968 for a period of 3 years.  He served as an armor reconnaissance specialist in Vietnam from 25 October 1969 through 23 June 1970 and was honorably discharged on 
31 August 1971 and transferred to the USAR.  

5.  The applicant’s DD Form 214 with an effective date of 31 August 1971, which was authenticated in his own hand, does not show the Bronze Star Medal or the Purple Heart as authorized awards.

6.  His records contain a copy of Headquarters, 101st Airborne Division (Airmobile) General Orders Number 10204, dated 1 September 1970, which show the applicant was awarded the Bronze Star Medal for meritorious service in Vietnam. 

7.  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).

8.  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 applicant was awarded the Bronze Star Medal; therefore, he is entitled to correction of his military records to show this award.

2.  The Board noted the applicant’s contention that he sustained a shrapnel wound to his right wrist in Vietnam.  However, there is no evidence of record, and the applicant has provided no evidence, which shows that he was awarded the Purple Heart or that he was wounded or treated for wounds as a result of hostile action.  Therefore, the applicant is not entitled to award of the Purple Heart.

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.

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

BOARD VOTE:  

EB_____  JHK_____  BJE_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Elizabeth Buchanon__
		        CHAIRPERSON

INDEX

CASE ID	AR2000037413	
SUFFIX		
RECON		
DATE BOARDED	20000613	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19710831	
DISCHARGE AUTHORITY	AR 635-200  	
DISCHARGE REASON	Early separation for school	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0014	
2.	107.0015	
3.		
4.		
5.		
6.