PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            10 August 2000
	DOCKET NUMBER:   AR2000039393

	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	
	Mr. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Mark D. Manning		Chairperson	
	Mr. John Saputo		Member	
	Ms. Karen A. Heinz		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 that he be awarded the Purple Heart (PH) and that his records be corrected to reflect his correct rank, military occupational specialty (MOS), his award of the Combat Infantryman Badge (CIB). 

3.  The applicant states that he should have been awarded the PH for wounds received in Vietnam and that his records should reflect that he was serving in the rank of specialist five (SP5) at the time of his separation, that he possessed the MOS of 11B1P, and that he was awarded the CIB.

4.  The applicant’s military records show that he enlisted in New Haven, Connecticut on 24 February 1966 for a period of 3 years under the airborne enlistment option.  He successfully completed his airborne and infantryman training and was transferred to Fort Campbell, Kentucky where he remained until he was transferred to Vietnam on 22 May 1967. 

5.  On 9 June 1967, he was transferred as a patient to a hospital in Japan.  He was subsequently transferred to a patient casualty detachment where he remained until he was reassigned to Korea and reclassified to the MOS of a senior heavy truck driver (64B).  His MOS of 11B was withdrawn and he was promoted to the pay grade of E-5 on 9 January 1968.  He was subsequently transferred to Fort Bragg, North Carolina where he was assigned duties as a dump truck driver and grader operator (63E).  

6.  On 9 December 1968, he was honorably released from active duty (REFRAD) under an early release program.  He had served 2 years, 9 months, and 16 days of total active service and his report of separation (DD Form 214) issued at the time of his REFRAD indicates that he was REFRAD in the pay grade of E-4 in MOS 63E3P.  However, his separation orders and other associated documents contained in his records show he was serving in the rank of SP5. 

7.  A review of his records failed to show that orders were ever published awarding him the CIB.  However, there are documents contained in his records showing that on 27 August 1990 the Army Reserve Personnel Center (ARPERCEN) directed that he be issued a CIB.

8.  Although his records show that he was transferred from Vietnam in a patient status, there is no indication of the nature of his medical condition, the date of occurrence, or the circumstances surrounding his condition.  The applicant was issued a physical profile on 23 January 1968 indicating that he had post-surgery removal of torn cartilage of the left knee.

9.  His records also contain a letter addressed to the applicant from the ARPERCEN awards section indicating that in 1991 a search of personnel, medical, and morning report files failed to reveal evidence to support his claim of entitlement to award of the PH.

10.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound/injury sustained as a result of hostile action.  Substantiating evidence must be provided to verify that the wound/injury was a result of hostile action, that the wound/injury must have required treatment by a medical officer, and that the medical treatment was made a matter of official record.

11.  Army Regulation 635-5 serves as the authority for the preparation of the DD Form 214.  It states, in pertinent part, that the primary MOS the individual holds at the time of separation will be entered on the DD Form 214.

CONCLUSIONS:

1.  The evidence of record clearly shows that the applicant was serving in the rank of SP5 and that his primary MOS at the time of separation was 64B3P.  However, an administrative error resulted in his rank and MOS being incorrectly entered on his DD Form 214 as SP4 and 63E3P (Grader Operator).  Therefore, it would be in the interest of justice to correct his records to show that he was separated in the rank of SP5 with a date of rank (DOR) of 9 January 1968 and that his MOS was 64B3P (Senior Heavy Truck Driver). 

2.  Although there are no orders present in the available records, it is reasonable to presume that the ARPERCEN verified his entitlement to the award of the CIB when it authorized the issuance of the Badge to the individual concerned.  Accordingly, it should also be entered on his DD Form 214. 

3.  The evidence of record fails to show that the applicant was wounded/injured as a result of enemy action; therefore, there is no basis for the Board to award him the Purple Heart.

4.  While the applicant originally held the MOS of 11B, that MOS was subsequently withdrawn and he was awarded the MOS of 64B.  Accordingly, there are no provisions to enter an MOS on his DD Form 214 that he no longer possessed.

5.  In view of the foregoing, the applicant’s records should be corrected 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 REFRAD in the rank of SP5 with a DOR of 9 January 1968 in MOS 64B3P (Senior Heavy Truck Driver) and that he was awarded the CIB. 

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

BOARD VOTE:  

___js  ___  ___kah__  ___mdm_  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Mark D. Manning____
		        CHAIRPERSON

INDEX

CASE ID	AR2000039393	
SUFFIX		
RECON		
DATE BOARDED	2000/08/10	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PARTIAL	
REVIEW AUTHORITY		
ISSUES         1.  189	110.0000/CORR 214	
2.  61	107.0015/PH	
3.		
4.		
5.		
6.