PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           17 August 2000                 
	DOCKET NUMBER:   AR2000039785

	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. Sherri V. Ward 		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Ms. Linda D. Simmons		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 and his correct dates of service in Vietnam.

3.  The applicant states that he was wounded on 24 June 1968 in Vietnam.  He also contends that his dates of service in Vietnam are incorrect on his discharge document and should read March 1968 to March 1969.  In support of his application, he submits a copy of his DD Form 214, a copy of orders for award of the Army Commendation Medal with “V” Device and a newspaper article.   

4.  The applicant’s military records show that he enlisted on 10 April 1967 for a period of 3 years.  He served as a light weapons infantryman in Vietnam and was honorably discharged on 9 April 1970.

5.  The applicant’s DD Form 214, which was authenticated in his own hand, does not show the Purple Heart as an authorized award.  Item 30 (Remarks) on his DD Form 214 shows the entry “Item 22c:  Vietnam Service from 31 May 68-30 Mar 69”.

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 provided a copy of a newspaper article titled “Bogalusa sergeant wounded in Vietnam”.  This article states that the applicant sustained shrapnel wounds from a land mine which was set off by a fellow squad member while on patrol in Vietnam on 24 June 1968.  The applicant also provided a copy of orders for award of the Army Commendation Medal with “V” Device for heroism on 23 June 1968.  There is no evidence in the citation that the applicant was wounded in action on this date.

8.  Item 31 (Foreign Service) on the applicant’s DA Form 20 (Enlisted Qualification Record) shows the applicant served in Vietnam from 31 March 1968 through 30 March 1969. 

9.  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.  Although the applicant contends that he was wounded on 24 June 1968 in Vietnam, there is no evidence of record available to the Board which shows that the applicant was injured or treated for wounds as a result of hostile action in Vietnam.  

2.  The Board noted the newspaper article provided with the applicant’s application.  However, this newspaper article is not sufficient by itself as a basis for award of the Purple Heart in view of evidence of record which shows the applicant was not wounded. 

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

4.  The preponderance of evidence in this case shows the applicant was not wounded or injured as a result of hostile action.  Therefore, the applicant is not entitled to correction of his DD Form 214 to show award of the Purple Heart.
 
5.  Evidence of record shows the applicant served in Vietnam from 31 March 1968 through 30 March 1969.  However, his dates of service in Vietnam were incorrectly recorded in item 30 (Remarks) on his DD Form 214.  Accordingly, it would be appropriate to correct item 30 (Remarks) on his DD Form 214 at this time.  

6.  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: 

	a.  by deleting the entry “Item 22c:  Vietnam Service from 31 May 68-30 Mar 69” in item 30 (Remarks) on the DD Form 214 of the individual concerned; and

	b.  by adding the entry “Item 22c:  Vietnam Service from 31 March 68 through 30 March 69” in item 30 on his DD Form 214.   

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

BOARD VOTE:  

SVW____  MHM___  LDS____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Sherri V. Ward______
		        CHAIRPERSON

INDEX

CASE ID	AR2000039785	
SUFFIX		
RECON		
DATE BOARDED	20000817	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19700409	
DISCHARGE AUTHORITY	AR 635-200 Chapter 2	
DISCHARGE REASON	Expiration term of service	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.	100.0200	
3.		
4.		
5.		
6.