PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           19 October 2000    
	DOCKET NUMBER:   AR2000043921

	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. Ernest W. Lutz, Jr.		Chairperson	
	Mr. Christopher J. Prosser		Member	
	Ms. Tracey L. Pinson		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 award of the Purple Heart.

3.  The applicant states, in effect, that he is entitled to a Purple Heart because he was wounded by a booby trapped grenade in Vietnam.  He contends that he sustained burns to his upper right arm, was treated at a field hospital and later awarded a “non compensable” disability.  In support of his application, he submits a copy of VA documentation dated 28 August 1990 and his DD Form 214 (Report of Transfer or Discharge).  

4.  The applicant’s military records show that he was ordered to active duty on
20 September 1968.  He served as an infantry unit commander in Vietnam from 30 July 1969 through 20 June 1970 and was honorably released from active duty on 6 July 1970.

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 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 66 (Officer Qualification Record) does not list the Purple Heart in item
21 (Awards and Decorations).  

7.  The applicant provided VA documentation, dated 28 August 1990, which shows that his claim for service connected disability was granted for a scar on his upper right arm and that no disability compensation was awarded. 

8.  United States Military Assistance Command Vietnam General Orders Number 2265, dated 31 May 1971, show the applicant was awarded the Bronze Star Medal with “V” Device for heroism on 8 and 9 November 1969 in Vietnam.  The Board notes that this award was published after the applicant’s release from active duty and is not shown on his discharge document.    

9.  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.

10.  Army Regulation 635-5 (Separation Documents) provides instructions for the preparation of the DD Form 214.  It states, in pertinent part, that item 
24 (Decorations and Awards) will be completed to show the decorations awarded or authorized during the period covered by the DD Form 214.

CONCLUSIONS:

1.  The Board noted the applicant’s contention that he was wounded by a booby trapped grenade in Vietnam.  However, there is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he was injured or treated for wounds as a result of hostile action in Vietnam.  

2.  The applicant signed his DD Form 214 attesting to the fact he was not entitled to the Purple Heart.

3.  The preponderance of evidence in this case shows the applicant was not wounded or otherwise entitled to the Purple Heart.  Therefore, the applicant is not entitled to correction of his military records to show award of the Purple Heart.

4.  Subsequent to the applicant’s release from active duty, the applicant was awarded the Bronze Star Medal with “V” Device for heroism on 8 and 
9 November 1969 in Vietnam.  Since the orders were not published in a timely manner, the Board determined that, as an exception to regulation, this award should be shown on the applicant’s DD Form 214.  Therefore, the applicant is entitled to correction of his DD Form 214 to show award of the Bronze Star Medal with “V” Device.

5.  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 with “V” Device for actions on 8 and 9 November 1969.

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

BOARD VOTE:  

EWL____  CJP____  TLP_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Ernest W. Lutz, Jr._____
		        CHAIRPERSON

INDEX

CASE ID	AR2000043921	
SUFFIX		
RECON		
DATE BOARDED	20001019	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19700706	
DISCHARGE AUTHORITY	AR 635-100 Chapter 3	
DISCHARGE REASON	Relieved from active duty	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.	107.0014	
3.		
4.		
5.		
6.