PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           3 October 2000
	DOCKET NUMBER:   AR2000038890

	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. Rosa M. Chandler		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Raymond J. Wagner		Member	
	Mr. Richard T. Dunbar		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, in effect, correction of his records to show award of the Purple Heart and the Bronze Star Medal (BSM).

3.  The applicant states, in effect, that he was wounded twice; he received wounds to the right thumb and to the left knee as a result of a “sachel charge.”  Therefore, he is entitled to the Purple Heart with device.  He believes that he is also entitled to award of the BSM.  He implies that his Department of Veterans Affairs medical records would support his claim.  However, they are not included with his application.

4.	The applicant’s military records show that he enlisted in the Regular Army on 
1 November 1967.  He served in military occupational specialty (MOS) 
64B (Heavy Equipment Operator).  

5.  On 3 April 1968, he was assigned to the Republic of Vietnam (RVN).  He served during the Vietnam Counteroffensive, Phases IV, V and VI.  On 3 April 1969, he returned to the United States.

6.  While in the RVN, nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice (UCMJ) was imposed against the applicant on three separate occasions.  On 13 May 1968, NJP was imposed against him for disobeying a lawful order to clean the urinals and for being disrespectful in deportment.  On 2 June 1968, NJP was imposed against him for being absent from his unit on 1 June 1968.  On 28 November 1968, NJP was imposed against him for being absent from his unit and for disobeying a lawful order not to stop or malinger in an off-limits area on 26 November 1968.  His punishments included reduction from pay grade E-3 to pay grade E-2 (suspended), forfeiture of pay, restriction and extra duty.  The suspended portion of his punishment to reduction from pay grade E-3 to pay grade E2 was vacated on 2 June 1968. 

7.  On 2 December 1969, he returned to the RVN and served during the Tet 
69 (Vietnamese New Year) Counteroffensive and the Vietnam Summer-Fall 
1969 campaigns. 

8.  On 12 July 1970, NJP was imposed against him for being derelict in the performance of his duties in that he failed to wake company personnel while serving as charge of quarters.  On 23 August 1970, NJP was imposed against him for violating a lawful order by transporting an unauthorized Vietnamese woman in a government vehicle and for causing approximately $90.00 worth of damage to a 2 ½ ton truck, property of the US Government by driving it in a reckless manner on 14 August 1970.  His punishment included reduction from pay grade E-5 to pay grade E-4 (suspended for 1 month), forfeiture of pay, extra duty and restriction.  On 4 September 1970, his suspended reduction to pay grade E-4 was vacated for further unspecified misconduct.
9.  On 14 October 1970, he returned to the United States and on 17 October 1970, he was honorably discharged in pay grade E-5.  

10.  His DD Form 214 shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal and the RVN Campaign Medal.  

11.  His DA Form 20 (Enlisted Qualification Record) shows that he was also authorized award of the RVN Civil Actions Medal with Clasp, two Overseas Service Bars and the Drivers Badge with Bar.  Item 40 (Wounds) on the DA Form 20 does not give a description of any wounds.  Further, there are no medical records available within his official military personnel file.

12.  Department of the Army Pamphlet 672-3 shows that the Department of the Army General Orders Number 43, dated 1969, awarded the Meritorious Unit Citation (MUC) to his unit for military operations in the RVN.  

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.  Sustaining 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, in pertinent part, that the BSM is awarded in time of war for heroism and for meritorious achievement or service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.   Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.  

15.  Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star (BSS), based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized BSS’s will be worn on the appropriate service medal.

16.  Army Regulation 600-8-22 provides, in pertinent part, that a silver service star (SSS) is authorized in lieu of five BSS’s.

17.  Army Regulation 600-8-22, in pertinent part, states that effective 1 March 
1961 the MUC was authorized for units and/or detachments of the Armed Forces of the United States for exceptionally meritorious conduct in the performance of outstanding services for at least six continuous months in support of military operations.  

CONCLUSIONS:

1.  The available records do not contain any medical records, therefore, there is no evidence available that show he was treated for wounds or an injury received in action against a hostile force.  Therefore, no basis for the award of the Purple Heart has been established.

2.  Further, there is no evidence available to show that the applicant was recommended for or that he was awarded the BSM as a result of heroism or for meritorious achievements during his service.

3.  However, evidence is available to show that he is entitled to have his 
DD Form 214 corrected to show that he was awarded the MUC, the RVN Civil Actions Medal with Clasp, and two Overseas Service Bars.

4.  He is also entitled to one SSS for wear on his Vietnam Service Medal for his service in five campaigns in the RVN to include:  the Vietnam Counter Offensive Phase IV from 2 April-30 June 1968, for the Vietnam Counter Offensive V from 
1 July-1 November 1968, for the Vietnam Counter Offensive Phase VI from 
2 November-22 February 1968, for the Tet 69 Counteroffensive from 
23 February-8 June 1969 and for the Vietnam Summer-Fall 1969 campaign from 9 June-14 October 1969. 

5.  In view of the foregoing, the applicant’s records should be corrected, but only, as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by issuing the individual concerned a DD Form 215, (Correction to DD Form 214) to show in Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) that he was also authorized award of the MUC, the RVN Civil Actions Medal with Clasp, two Overseas Service Bars and one SSS for wear on the Vietnam Service Medal. 

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

BOARD VOTE:  

__jns____  __rjw___  __rtd____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		     __John N. Slone__
		        CHAIRPERSON

INDEX

CASE ID	AR2000038890	
SUFFIX		
RECON	 	
DATE BOARDED	20001003	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19701017	
DISCHARGE AUTHORITY	AR635-200 	
DISCHARGE REASON	Expiration Term of Service 	
BOARD DECISION	(PARTIALGRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0014	
2.	107.0015	
3.		
4.		
5.		
6.