PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            17 August 2000                  
	DOCKET NUMBER:   AR2000040951

	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.

3.  The applicant states, in effect, that he was wounded in his back and treated by a medic.  The Board notes that the application states that an award letter was attached in support of the applicant’s claim; however, this letter was not attached to the application upon receipt by the Board.  

4.  The applicant’s military records show that he was inducted on 20 June 1966.  He served as an offset pressman in Vietnam from 13 June 1967 through 12 June 1968 and was honorably released from active duty on 13 June 1968 and transferred to the U.S. Army Reserve.

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 is no evidence in the applicant’s service personnel records that he was awarded the Purple Heart or was wounded as a result of hostile action.

7.  Evidence of record shows that on 13 June 1968 the applicant underwent a separation physical examination which makes no mention of any wounds sustained as a result of hostile action.  His DA Form 20 (Enlisted Qualification Record) does not reflect entitlement to the Purple Heart and item 40 (Wounds) on his DA Form 20 is blank. 

8.  DA Forms 1577 (Authorization for Issuance of Awards), dated 12 June 1969 and 13 August 1970, show the applicant was entitled to the Army Commendation Medal and the Bronze Star Medal (First Oak Leaf Cluster) with “V” Device.  General Orders for these awards are also contained in the applicant’s records.  However, these awards are not shown on his discharge document.

9.  The applicant’s records contain orders for a personal award of the Republic of Vietnam Civil Actions Honor Medal, Second Class, for meritorious service.  This personal award was accepted, approved and authorized for wear by the Commanding General, United States Army Vietnam on 7 July 1968.  This award is also not shown on his discharge document.

10.  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 in Vietnam, there is no evidence of record, and the applicant has provided no evidence, which shows that he was wounded or treated for wounds as a result of hostile action.  Therefore, the applicant is not entitled to award of the Purple Heart.

2.  The applicant was awarded the Army Commendation Medal, the Bronze Star Medal (First Oak Leaf Cluster) with “V” Device and the Republic of Vietnam Civil Actions Honor Medal, Second Class.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

3.  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 Army Commendation Medal, the Bronze Star Medal (First Oak Leaf Cluster) with “V” Device and the Republic of Vietnam Civil Actions Honor Medal, Second Class.

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	AR2000040951	
SUFFIX		
RECON		
DATE BOARDED	20000817	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19680613	
DISCHARGE AUTHORITY	AR 635-200 	
DISCHARGE REASON	Early separation from overseas	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.	107.0020	
3.	107.0014	
4.	107.0095	
5.		
6.