PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            26 September 2000 
	DOCKET NUMBER:   AR2000043786

	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. Arthur A. Omartian		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. Thomas F. Baxter		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 Bronze Star Medal and the Purple Heart. 

3.  The applicant states, in effect, that these awards are not shown on his discharge document. 

4.  The applicant’s military records show that he was ordered to active duty from the USAR (Retired Reserve) on 11 September 1966.  He served as an armored reconnaissance unit commander in Vietnam from 16 July 1967 through 27 July 1968 and was honorably released from active duty on 1 August 1968.   

5.  The applicant’s DD Form 214 with an effective date of 1 August 1968, which was authenticated in his own hand, does not show the Bronze Star Medal or the Purple Heart as authorized awards.

6.  1st Infantry Division General Orders Number 5606, dated 18 June 1968, show the applicant was awarded the Bronze Star Medal for meritorious achievement during the period 15 July 1967 to 1 December 1967 in Vietnam.

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.  Item
21 (Awards and Decorations) on his DA Form 66 (Officer Qualification Record) does not show entitlement to the Purple Heart.

8.  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 applicant was awarded the Bronze Star Medal; therefore, he is entitled to correction of his DD Form 214 to show this award. 

2.  Although the applicant contends that he is entitled to the Purple Heart, there is no evidence 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.  

3.  The applicant signed his discharge document attesting to the fact he was not entitled to award of the Purple Heart.  Therefore, the applicant is not entitled to correction of his DD Form 214 to show award of the Purple Heart. 

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 be corrected by showing that the individual concerned was awarded the Bronze Star Medal.

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

BOARD VOTE:  

AAO____  MHM___  TFB_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Arthur A. Omartian_____
		        CHAIRPERSON

INDEX

CASE ID	AR2000043786	
SUFFIX		
RECON		
DATE BOARDED	20000926	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19680801	
DISCHARGE AUTHORITY	AR 135-173  	
DISCHARGE REASON	Expiration of active duty commitment	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0014	
2.	107.0015	
3.		
4.		
5.		
6.