PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            2 November 2000                  
	DOCKET NUMBER:   AR2000045993

	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. Fred N. Eichorn		Chairperson	
	Mr. Ted S. Kanamine		Member	
	Mr. William D. Barr		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, correction of his military records and DD Form 214 (Report of Transfer or Discharge) to show his dates of service in Vietnam; and award of the Vietnam Service Medal, the Vietnam Campaign Medal and the Purple Heart.

3.  The applicant states, in effect, that his records do not reflect his dates of service in Vietnam from 31 August 1972 to 2 December 1974 or the awards mentioned above.  In support of his application, he submits a copy of his request for assistance to a Member of Congress dated 19 June 2000; a copy of a DD Form 214 with an effective date of 15 February 1972; a copy of a DD Form 214 with an effective date of 2 December 1974; and copies of two letters dated
30 May 2000 and 16 February 1998. 

4.  The applicant’s military records show that he enlisted under the delayed entry program on 25 August 1971 and entered active duty on 20 October 1971 for a period of 3 years.  The applicant was honorably separated on 15 February 1972 under the provisions of Army Regulation 635-200 for erroneous enlistment.  He enlisted on 31 August 1972 for a period of 3 years.  The applicant was discharged under honorable conditions (a general discharge) on 2 December 1974 for unsuitability.  

5.  The Army Discharge Review Board (ADRB) upgraded the applicant’s  discharge to honorable on 9 August 1977 and directed that the Separation Program Designator (SPD) be changed to “JFF” (Determination of Service Secretary).  This SPD is currently known as Secretarial Authority.

6.  The applicant’s DD Form 214 with an effective date of 2 December 1974 does not show any service in Vietnam.  The DD Form 214 does not show the Vietnam Service Medal, the Vietnam Campaign Medal or the Purple Heart as authorized awards.

7.  There is no evidence in the applicant’s personnel service records which shows that he served in Vietnam.  Item 31 (Foreign Service) on the applicant’s DA Form 20 (Enlisted Qualification Record) does not show any service in Vietnam.  Item 38 (Record of Assignments) on his DA Form 20 does not show any duty assignments in Vietnam.    
 
8.  Item 31 (Foreign Service) on the applicant’s DA Form 20 shows that he served in Alaska from 24 July 1973 through 2 December 1974, a total of 1 year, 4 months and 11 days.  His DD Form 214 with an effective date of 2 December 1974 shows that he served 1 year, 4 months and 11 days of foreign service.

9.  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).

10.  The Board notes that the DD Form 214 issued subsequent to the ADRB’s action in 1977 shows the entry “AR [Army Regulation] 635-200 JMB” in item
9c (Reason and Authority).  Army Regulation 635-5-1 (Separation Program Designator Codes), in effect at the time, states the reason for discharge based on separation code “JMB” is “Unsuitability - Personality Disorder” and the regulatory authority is Army Regulation 635-200, Paragraph 13-4b.  

11.  Army Regulation 635-5-1 states the reason for discharge based on separation code “JFF” is “Secretarial Authority” and the regulatory authority is Army Regulation 635-200, Chapter 5.

12.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Vietnam Service Medal.  This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after
3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.
  
13.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Campaign Medal.  This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more and contributed direct combat support to the Republic of Vietnam and Armed Forces. Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.

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.

15.  Army Regulation 635-5-1 (Separation Program Designator Codes) prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the separation program designators to be used for these stated reasons.

CONCLUSIONS:

1.  The Board noted the applicant’s contention that he served in Vietnam from 
31 August 1972 to 2 December 1974.  However, there is no evidence of record, and the applicant has provided no evidence, to support this contention.

2.  Evidence of record shows that the applicant’s foreign/overseas service was performed in Alaska from 24 July 1973 through 2 December 1974.  Therefore, the applicant is not entitled to correction of his military records to show Vietnam service or any awards and decorations for Vietnam service.  

3.  There is no evidence of record, and the applicant has provided no evidence, which shows that he was awarded the Purple Heart or that he was wounded or treated for wounds as a result of hostile action.  Therefore, the applicant is not entitled to correction of his military records to show award of the Purple Heart.

4.  The authority for separation and the SPD on the applicant’s amended DD Form 214 with an effective date of 2 December 1974 were incorrectly entered in item 9c (Reason and Authority).  Evidence of record shows the authority for separation should be Army Regulation 635-200, Chapter 5, not “AR 635-200”.  Evidence of record shows the SPD should be “JFF” [Secretarial Authority], not “JMB” [Unsuitability - Personality Disorder].  Therefore, the applicant is entitled to correction of item 9c (Reason and Authority) on this DD Form 214 to show these entries.     

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

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected:

	a.  by deleting the entry “AR 635-200 JMB” in item 9c (Reason and Authority) on the DD Form 214 with an effective date of 2 December 1974 of the individual concerned; and 

	b.  by adding the entry “AR 635-200 Chapter 5 JFF” in item 9c on his DD Form 214.

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

BOARD VOTE:  

FNE____  TSK_____  WDB___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Fred N. Eichorn_______
		        CHAIRPERSON

INDEX

CASE ID	AR2000045993	
SUFFIX		
RECON		
DATE BOARDED	20001102	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19770809	
DISCHARGE AUTHORITY	AR 635-200  	
DISCHARGE REASON	Erroneous Enlistment	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	100.0200	
2.	107.0073	
3.	107.0088	
4.	107.0015	
5.	100.0000	
6.