PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:  11 January 2001
	DOCKET NUMBER:  AR2000042711

	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. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. Ernest M. Willcher		Chairperson	
	Ms. Ann M. Campbell		Member	
	Mr. Donald P. Hupman, Jr.		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, in effect, award of the Purple Heart (First Oak Leaf Cluster).  

3.  The applicant states that his first injury occurred in Vietnam in 1968 at the
demilitarized zone (DMZ), that he was medevaced to a hospital ship sanctuary and that his front teeth were broken off.  He also states that his second injury occurred in 1968, in Khe Sanh, South Vietnam, during a hostile operation in which night combat was involved.  He further states that the injury was a shrapnel wound to his back.  

4.  The applicant’s military records show he enlisted on 29 September 1964 as a vehicle mechanic.  He served in Vietnam from 18 September 1966 to 14 September 1967 and continued to serve until he was honorably discharged on 14 September 1967.  He was transferred to the US Army Control Group (Reinforcement).

5.  The applicant’s DD Form 214 with a separation date of 14 September 1967 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal and the Marksman Qualification Badge (Rifle M-14).  This discharge document does not show the Purple Heart as an authorized award.

6.  He reenlisted on 12 August 1968 as a vehicle mechanic.  He served in Vietnam again from 16 August 1968 to 10 August 1969 and from 27 August 1970 to 4 August 1971 and was honorably discharged on 4 August 1971.

7.  The applicant’s DD Form 214 with a separation date of 4 August 1971 shows he was awarded the Bronze Star Medal and the Army Commendation Medal.  This discharge document does not show the Purple Heart as an authorized award.

8.  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).

9.  A DA Form 1577 (Authorization for Issuance of Awards), dated 27 November 1985, shows the Army Reserve Personnel Center in St. Louis, Missouri, determined the applicant was entitled to be issued the Good Conduct Medal, the Vietnam Service Medal with one silver service star and three bronze service stars, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

10.  A DA Form 1577 (Authorization for Issuance of Awards), dated 28 July 1987, 
shows the Army Reserve Personnel Center in St. Louis, Missouri, determined the applicant was entitled to be issued the Army Commendation Medal with one bronze oak leaf cluster (correctly known as the Army Commendation Medal (First Oak Leaf Cluster)) and the Good Conduct Medal with two bronze clasps (correctly known as the Good Conduct Medal (2nd award)).

11.  The applicant’s personnel records contain a letter from the Army Reserve 
Personnel Center in St. Louis, Missouri, dated 29 July 1987.  This letter states that a review of the applicant’s military and medical records failed to show that he was wounded as a result of enemy action.

12.  The applicant’s records contain a DD Form 4 (Enlistment Contract-Armed Forces of the United States) which shows that the applicant reenlisted on 12 August 1968.

13.  Item 17c (Date of Entry) of his DD Form 214 with separation date of 4 August 1971 shows the entry “18 AUG 68” instead of the entry “12 AUG 68”.

14.  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.

CONCLUSIONS:

1.  The Board notes that the applicant failed to provide medical evidence to show that he was wounded twice or treated for wounds as a result of hostile action during his service in Vietnam.  The Board also notes the letter from the Army
Reserve Personnel Center in St. Louis, Missouri, dated 29 July 1987, which indicated that a review of the applicant’s military and medical records failed to show that he was wounded as a result of enemy action.  Therefore, he is not entitled to two awards of the Purple Heart and correction of his records to show that he was awarded the Purple Heart (First Oak Leaf Cluster).

2.  The applicant is entitled to the Good Conduct Medal (2nd Award), the Vietnam Service Medal with one silver service star and three bronze service stars, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Army Commendation Medal (First Oak Leaf Cluster).  Therefore, he is entitled to correction of his records to show these awards.

3.  The evidence of record shows that the applicant reenlisted on 12 August 1968 instead of “18 August 1968”.  The Board notes that item 17c (Date of Entry) of the applicant’s DD Form 214 with a separation date of 4 August 1971 is incorrect and should show the entry “12 AUG 68” instead of the entry “18 AUG 68”.  Therefore, item 17c (Date of Entry) of the applicant’s DD Form 214 with a separation date of 4 August 1971 should be corrected to show the entry
“12 AUG 68”.

4.  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 for the individual concerned be corrected:

a.  by showing in item 24 (Awards and Decorations) of his DD Form 214 with a separation date of 4 August 1971 that he was awarded the Good Conduct Medal (2nd Award), the Vietnam Service Medal with one silver service star and three bronze service stars, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Army Commendation Medal (First Oak Leaf Cluster); and

	b.  by showing in item 17c (Date of Entry) of the applicant’s DD Form 214 with a separation date of 4 August 1971 the entry “12 AUG 68”.

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

BOARD VOTE:  

__ew__  ___ac__  ___dh_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Ernest M. Willcher__
		        CHAIRPERSON

INDEX

CASE ID	AR2000042711	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010111	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19710804	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	DENY//GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.  61		
2.  46		
3.		
4.		
5.		
6.