PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            18 July 2000                  
	DOCKET NUMBER:   AR2000038383

	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. George D. Paxson		Chairperson	
	Ms. Elizabeth Buchanon 		Member	
	Ms. Margaret V. Thompson 		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 military records to show the Purple Heart and the Meritorious Service Medal.  He also requests, in effect, promotion to pay grade E-8.

3.  The applicant states, in effect, that he tripped several times during a black out in Vietnam in November 1968 during an incoming mortar attack and hurt his back.  He states that his Personnel Officer at Fort Meade, Maryland, recommended him for the Purple Heart and it was denied.  He also contends that he should have retired as an E-8.  He goes on to state that in 1968 while assigned in Berlin he was discriminated against because he was recommended for promotion to pay grade E-8 and when he arrived to go before the Board he was told that the Board made their decision the day before.  He also contends that in 1975 he was recommended for promotion to pay grade E-8 and he was placed on the promotion list.  However, when he elected not to go to Korea he was barred from reenlistment and his name was removed from the promotion list. In support of his application, he submits a letter of explanation, dated 3 February 2000; orders and an award certificate for the Meritorious Service Medal; page two of his enlisted evaluation report dated 10 April 1970; a letter of commendation dated 31 October 1975; a letter of appreciation dated 
7 November 1975 and the first endorsement; and an undated recommendation for promotion to Master Sergeant letter.        

4.  The applicant’s military records show that he enlisted in the Army of the United States on 6 October 1950 and was honorably discharged on 5 October 1952 and transferred to the USAR.  He entered active duty again on 8 November 1955 and remained on active duty through continuous reenlistments.  

5.  On 1 April 1976 the applicant submitted an application for voluntary retirement and his request was approved for retirement on 1 May 1976.  Accordingly, the applicant was honorably released from active duty in the rank of sergeant first class on 30 April 1976 and was placed on the Retired List effective 1 May 1976.  He had served 23 years, 5 months and 23 days of total active service.

6.  The applicant’s retirement DD Form 214 with an effective date of 30 April 1976, which was authenticated in his own hand, does not show the Purple Heart or the Meritorious Service Medal as authorized awards.    

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.  The applicant’s records contain a request for award of the Purple Heart, dated 12 May 1970, from Headquarters Sixth Armored Cavalry Regiment, Fort Meade, Maryland, for injuries received in the Republic of Vietnam in November 1968 due to hostile action.  A Standard Form 502 (Narrative Summay/Clinical Record), dated 27 December 1968, was provided as evidence with the request for award of the Purple Heart.  The Standard Form 502 indicates the applicant reported that “He tripped during a mortar attack in Nov 68 and developed pain in his back as well as down both legs, particularly on the right.”  On 9 September 1970 the Adjutant General denied the request for award of the Purple Heart and determined that the evidence did not establish eligibility for the award of the Purple Heart in that the applicant’s illness was not the direct result of hostile action.     

9.  The applicant provided a copy of Headquarters 9th Infantry Division and Fort Lewis Permanent Orders 32-5, dated 23 August 1976, which shows the applicant was awarded the Meritorious Service Medal. 

10.  A review of the applicant’s records shows no indication that he was ever promoted to pay grade E-8.  His records do show that he was considered by the E-8 Promotion Board in 1976; however, he was not selected.   

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.  Although the applicant contends that he injured his back during a mortar attack in Vietnam in November 1968, there is no evidence available to the Board, and the applicant has provided no evidence, which shows the applicant was wounded or treated for wounds as a result of hostile action in Vietnam.  Therefore, he is not entitled to award of the Purple Heart. 

2.  The applicant was awarded the Meritorious Service Medal; therefore, he is entitled to correction of his military records to show this award.

3.  The Board noted the applicant’s contention that he was discriminated against in Berlin in 1968.  However, there is no evidence of record, and the applicant has provided no evidence, to support this contention.

4.  The Board also noted the applicant’s contentions that in 1975 he was recommended for promotion to E-8 and placed on the promotion list; however, when he elected not to go to Korea he was barred from reenlistment and his name was removed from the promotion list.  There is no evidence of record available to the Board, and the applicant has provided no evidence, to support these contentions.  Evidence of record does show the applicant appeared before the E-8 Promotion Board in 1976 and was not selected.  The Board determined that in the absence of any evidence of error or injustice there is no basis to approve the applicant’s request for promotion to pay grade E-8.   

5.  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 Meritorious Service Medal.

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

BOARD VOTE:  

GDP____  EB_____  MVT_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_George D. Paxson__
		        CHAIRPERSON

INDEX

CASE ID	AR2000038383	
SUFFIX		
RECON		
DATE BOARDED	20000718	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19760430	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.	107.0017	
3.	131.0000	
4.		
5.		
6.