PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           21 September 2000                   
	DOCKET NUMBER:   AR2000044043

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Ms. JoAnn H. Langston		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Mr. Eric N. Andersen		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 that his Report of Transfer or Discharge, DD Form 214, be corrected to show his correct date of induction and to show he was awarded two Purple Hearts.

3.  The applicant states that he was inducted on 9 April 1969 and the person who typed his DD Form 214 made a mistake.  He was awarded two Purple Hearts for injuries received in Cambodia.  Supporting evidence is as listed on the DD Form 149 except that no news article was attached.

4.  The applicant’s military records show that he was inducted into the Army on   9 April 1969.  He completed basic combat training and advanced individual training (AIT) and was awarded military occupational specialty 11B (Light Weapons Infantryman).

5.  The applicant’s Personnel Qualification Record, DA Form 20, shows that he departed AIT enroute to Vietnam on 15 August 1969, departed the States on      9 September 1969 and arrived in Vietnam on 11 September 1969.  He was assigned to Company B, 5th Battalion, 12th Infantry, 199th Infantry Brigade.

6.  The applicant provides a letter from Headquarters, 3d Field Hospital dated   16 August 1969.  The letter appears to be a form letter that is addressed to him.  It is annotated “Award Number 1st.”  The letter informed him that if he sent his Purple Heart to his next of kin he was requested to send a letter of explanation along with the award since that could be the first notice his family received that he had been wounded.

7.  General Orders 3175, Headquarters, U. S. Army Vietnam dated 13 July 1970 awarded the applicant the Bronze Star Medal with “V” device for action on         15 May 1970.   The citation notes the applicant was wounded in action.  A Western Union telegram notified the applicant’s family that he had been slightly wounded in action in Cambodia on 15 May 1970.  General Orders 116, Headquarters, 3d Field Hospital dated 17 May 1970 awarded him the Purple Heart for wounds received in action on 15 May 1970.  He was medically evacuated to Ireland Army Hospital, Fort Knox, KY in May 1970.

8.  General Orders 1419, Headquarters, U. S. Army Vietnam dated 23 May 1970 awarded the applicant the Air Medal.

9.  General Orders 27, Headquarters, U. S. Ireland Army Hospital dated 9 June 1970 awarded the applicant the Purple Heart for wounds received in action on  15 May 1970.

10.  The applicant was assigned to Fort Lewis, WA on 21 August 1970.  On        8 April 1971, he was released from active duty.  His DD Form 214, item 10c erroneously shows his date of induction as 9 April 1971.  Item 24 omitted the Bronze Star Medal with “V” device and the Air Medal.

11.  Department of the Army Pamphlet 672-3 shows that the 5th Battalion, 12th Infantry was awarded the Valorous Unit Award for the period 1 May – 29 June 1970, the Republic of Vietnam Gallantry Cross with Palm for the period 19 June 1968 – 31 July 1970, and the Republic of Vietnam Civil Actions Honor Medal First Class for the period April 1968 – 31 August 1970.  These awards are not listed on the applicant’s DD Form 214.

CONCLUSIONS:

1.  The evidence of record confirms that the applicant’s DD Form 214 shows an incorrect date of induction.

2.  There is no evidence of record and the applicant provides none to show he was wounded twice while in Vietnam.  The letter from the 3d Evacuation Hospital is dated 16 August 1969, a date prior to his arrival in Vietnam.  All other evidence shows he was wounded only one time, on 15 May 1970, for which he was awarded the Purple Heart.  

3.  The applicant was erroneously awarded the Purple Heart twice for wounds received in action on 15 May 1970.  General Orders 27, Headquarters, U. S. Ireland Army Hospital dated 9 June 1970 is a duplicate award of the Purple Heart.

4.  Several awards to which the applicant is entitled are not listed on his DD From 214, including three unit awards that were awarded to his unit during a period he was assigned to that unit.

5.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That the applicant’s DD Form 214 be corrected by:

     a.  amending item 10c to read 9 April 1969; and

     b.  by adding the Bronze Star Medal with “V” device, the Air Medal, the Valorous Unit Award, the Republic of Vietnam Gallantry Cross with Palm, and the Republic of Vietnam Civil Actions Honor Medal First Class to item 24.

2.  That General Orders 27, Headquarters, U. S. Ireland Army Hospital dated      9 June 1970 as pertains to the applicant be revoked.
3.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

__jhl___  __clg___  __ena___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			JoAnn H. Langston
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000044043	
SUFFIX		
RECON		
DATE BOARDED	20000921	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.	100.00	
3.		
4.		
5.		
6.