PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:           25 January 2001
	DOCKET NUMBER:  AR2000042559

	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:

	Ms. June Hajjar 		Chairperson	
	Mr. Lester Echols		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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart, the Bronze Star Medal (BSM), the Air Medal (AM), the Army Commendation Medal (ARCOM) with one Oak Leaf Cluster (OLC), and two Certificates of Appreciation.

3.  The applicant states in effect, that these awards were left off of his separation document.  He submits a newspaper article; a letter that his father wrote to him while he was serving in the Republic of Vietnam (RVN) in 1971; General Orders Number S957 from Headquarters 101st Airborne Division (Airmobile), dated 
27 August 1972; a citation for award of the BSM; a certificate for the AM; a citation and a certificate for the award of the ARCOM; a citation and a certificate for the first OLC (denoting a second award) to the ARCOM; and two Certificates of Appreciation in support of his request.  Both the letter and the newspaper article makes reference to an alleged injury.  The newspaper article is from an unknown source and it is undated.

4.  The applicant’s military records show that he was inducted into the Army of the United States on 12 May 1970.  He completed basic and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  He served in the RVN from 30 September 
1970-29 September 1971.  He was honorably discharged on 22 December 
1971.

5.  The applicant's DD Form 214 shows that he was entitled to award of the ARCOM, the National Defense Service Medal, the Vietnam Service Medal with 
2 bronze service stars and the Combat Infantryman Badge.

6.  A DA Form 1577 (Authorization for Issuance of Awards) shows that he was issued the awards that are shown on his DD Form 214 on 28 May 1992 by the Army Personnel Records Center, St Louis, Missouri.  In addition to those awards he had been previously authorized, the Good Conduct Medal, the RVN Campaign Ribbon with 60 Device and the Sharpshooter Badge with Machine Gun Pistol and Grenade Launcher bars were authorized.

7.  He was also authorized to purchase the RVN Gallantry Cross with Palm Unit Citation, since it is a foreign award that is not issued by the Department of the Army.

8.  The applicant's DA Form 20 (Enlisted Qualification Record), item 40 (Wounds), does not indicate that he was ever wounded as a result of hostile action or that he is entitled to award of the Purple Heart.

9.  General Orders Number S957, from Headquarters 101st Airborne Division (Airmobile), dated 27 August 1972, awarded the applicant the BSM for outstanding meritorious service in connection with military operations against hostile forces while serving in the RVN between September 1970-September 1971.
10.  The applicant provides a copy of a certificate which shows that he was awarded the AM for meritorious achievement while participating in aerial flight while serving in the RVN from 1 January-21 June 1971.

11.  He also provides a copy of a citation and a certificate which shows that he was awarded the first OLC to his ARCOM to show distinguished exceptional meritorious achievement in support of military operations against communist aggression in the RVN during the period of October 1970-June 1971.

12.  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. 

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.  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.

14.  Army Regulation 600-8-22 provides, in pertinent part, that the AM is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight.  This award is primarily intended for personnel on flying status, but may also be awarded to those personnel whose combat duties require them to fly, for example personnel in the attack elements of units involved in air-land assaults against an armed enemy.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

CONCLUSIONS:

1.  Based upon the existence of a general order from his unit, the applicant is entitled to award of the BSM for service while in the RVN.  Further, notwithstanding the absence of orders, the Board is satisfied, as an exception to regulations, that the applicant is also entitled to correction of his records to show award of the AM and the first OLC to the ARCOM as a result of his meritorious service while serving in the RVN.

2.  The applicant has not presented any definitive evidence, and the available records do not contain any evidence, to show that he was ever treated for wounds or an injury received in action against a hostile force while in the RVN.  Therefore, no basis for the award of the Purple Heart has been established.

3.  Certificates of Appreciation are not authorized to be shown on the DD Form 214.

4.  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 showing that the individual concerned was awarded the BSM, the AM, and the first OLC to the ARCOM.

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

BOARD VOTE:

___jh____  __le____  __kah___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___June Hajjar___
		        CHAIRPERSON

INDEX

CASE ID	AR2000042559	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010125	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	AR 635-200 , Chapter 5-3	
DISCHARGE REASON		
BOARD DECISION	(PARTIAL GRANT)	
REVIEW AUTHORITY	ASA	
ISSUES         1.	107.0015	
2.	107.0018	
3.	107.0020	
4.		
5.		
6.