PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           3 October 2000     
	DOCKET NUMBER:   AR2000042503

	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:

	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 reconsideration of his request for correction of his DD Form 214 (Report of Transfer or Discharge) to show award of the Purple Heart, the Silver Star and the Bronze Star Medal.

3.  The applicant states, in effect, that he is entitled to award of the Purple Heart; however, he has never received the actual medal or documentation and it is not shown on his discharge document.  He also contends that he did receive the Silver Star and the Bronze Star Medal; however, they are not reflected on his discharge document.  In support of his application, he submits a copy of orders and a citation for the Silver Star; a copy of orders and an award certificate for the Bronze Star Medal; and a copy of his DD Form 214.      

4.  The Memorandum of Consideration of the Board’s 14 December 1983 (COPY ATTACHED) review of the applicant’s 16 November 1982 request for correction of his DD Form 214 to show award of the Silver Star, the Purple Heart and the Bronze Star Medal is incorporated herein by reference as if wholly set forth.

5.  The applicant’s military records show that he was inducted on 1 November 1966.  He served as a light weapons infantryman in Vietnam from 25 April 1967 through 22 April 1968 and was honorably released on 31 October 1968.

6.  The applicant’s DD Form 214, which was authenticated in his own hand, does not show the Purple Heart, the Silver Star or the Bronze Star Medal as authorized awards.

7.  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).

8.  Evidence of record shows that on 9 September 1968 the applicant underwent a separation physical examination which makes no mention of any wounds sustained as a result of hostile action.

9.  1st Infantry Division General Orders Number 4201, dated 6 May 1968, show the applicant was awarded the Silver Star for gallantry in action on 20 February 1968 in Vietnam. 

10.  1st Infantry Division General Orders Number 1981, dated 8 March 1968, show the applicant was awarded the Bronze Star Medal for meritorious service.

11.  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.  The Board noted the applicant’s contention that he is entitled to award of the Purple Heart.  However, there is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he was wounded or treated for wounds as a result of hostile action in Vietnam.  Therefore, the applicant is not entitled to correction of his military records to show award of the Purple Heart.

2.  The applicant was awarded the Silver Star and the Bronze Star Medal; 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 Silver Star and the Bronze Star 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	AR2000042503	
SUFFIX		
RECON	19821116	
DATE BOARDED	20001003	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19681031	
DISCHARGE AUTHORITY	AR 635-200  	
DISCHARGE REASON	Expiration term of service	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.	107.0007	
3.	107.0014	
4.		
5.		
6.