PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            13 July 2000                  
	DOCKET NUMBER:   AR2000038821

	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. Jennifer L. Prater 		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. James E. Anderholm		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 Purple Heart.

3.  The applicant states that his truck was blown up by a land mine and he lost a tooth on 1 May 1970 in Cambodia.  In support of his application, he submits a copy of his DD Form 214.  

4.  The applicant’s military records show that he enlisted on 28 February 1969 for a period of 3 years.  He served as a combat engineer in Vietnam from 
22 January 1970 through 13 December 1970 and was honorably discharged on 
10 January 1972. 

5.  The applicant’s DD Form 214, which was authenticated in his own hand, does not show the Purple Heart as an authorized award.

6.  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).

7.  The applicant’s personnel records contain Headquarters VII Corps General Orders Number 6, dated 10 January 1972, which shows the applicant was awarded the Good Conduct Medal for the period 28 February 1969 to 10 January 1972.  This award is not shown on his DD Form 214.  

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.  There is no evidence available to the Board, and the applicant has provided no evidence, which shows he was wounded or treated for wounds due to hostile action in Vietnam.

2.  The applicant signed his DD Form 214 attesting to the fact he was not entitled to the Purple Heart. 

3.  The preponderance of evidence in this case shows he was not wounded or otherwise entitled to the Purple Heart.  Therefore, he is not entitled to correction of his records to show this award.

4.  The applicant was awarded the first award of the Good Conduct Medal for the period 28 February 1969 to 10 January 1972.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

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 first award of the Good Conduct Medal for the period 28 February 1969 to 10 January 1972.

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

BOARD VOTE:  

JLP_____  MHM___  JEA_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Jennifer L. Prater__
		        CHAIRPERSON

INDEX

CASE ID	AR2000038821	
SUFFIX		
RECON		
DATE BOARDED	20000713	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19720110	
DISCHARGE AUTHORITY	AR 635-200 Chapter 5	
DISCHARGE REASON	Secretarial Authority	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.	107.0056	
3.		
4.		
5.		
6.