PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           30 November 2000   
	DOCKET NUMBER:   AR2000046287

	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. John N. Slone		Chairperson	
	Ms. Celia L. Adolphi		Member	
	Mr. Thomas Lanyi		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 Purple Heart.

3.  The applicant submitted two applications.  He states, in effect, that he was wounded in combat as reflected in his citation for award of the Bronze Star Medal with “V” Device for actions on 18 June 1970 in Vietnam.  In support of his applications, he submits a letter of explanation; a copy of orders for award of the Bronze Star Medal with “V” Device for actions on 18 June 1970; and a copy of his DD Form 214. 

4.  The applicant’s military records show that he was inducted on 6 June 1969.  He served as a light weapons infantryman in Vietnam from 15 November 1969 through 31 October 1970 and was honorably released on 4 June 1971.  

5.  The applicant’s DD Form 214 does not show the Purple Heart as an authorized award.

6.  25th Infantry Division General Orders Number 9696, dated 18 September 1970, show the applicant was awarded the Bronze Star Medal (First Oak Leaf Cluster) for the period November 1969 to November 1970.  This award is not shown on his discharge document.

7.  25th Infantry Division General Orders Number 9607, dated 22 September 1970, show the applicant was awarded the Bronze Star Medal with “V” Device for actions on 12 May 1970 in Vietnam.  This award is not shown on his discharge document.

8.  25th Infantry Division General Orders Number 10983, dated 9 November 1970, show the applicant was awarded the Bronze Star Medal with “V” Device for actions on 18 June 1970 in Vietnam.  This award is not shown on his discharge document.

9.  The citation for the Bronze Star Medal with “V” Device for actions on 18 June 1970 describes the event for which the applicant received this award.  In pertinent part, the citation states “When a rocket propelled grenade struck his vehicle, [applicant] was wounded and thrown to the ground.  Continuing to expose himself to extreme danger, [applicant] attempted to remount his vehicle but lost consciousness in the process.” 

10.  The bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Bronze Star Medal.

11.  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’s contention that he was wounded in combat on 18 June 1970 is supported by the orders for his award of the Bronze Star Medal with “V” Device for actions on 18 June 1970.  

2.  The Board finds the orders for award of the Bronze Star Medal with “V” Device for actions on 18 June 1970 in Vietnam, which states that the applicant was wounded by hostile action in combat, is sufficient as a basis for award of the Purple Heart.  Therefore, the applicant is entitled to award of the Purple Heart and correction of his DD Form 214 to show award of the Purple Heart.

3.  The Board notes that the applicant received his second award of the Bronze Star Medal for meritorious service during the period November 1969 to November 1970 in Vietnam by General Orders Number 9696 dated 
18 September 1970.  

4.  However, there is no evidence of record which shows that the applicant had received any award of the Bronze Star Medal prior to General Orders Number 9696.  Therefore, the Board determined that General Orders Number 9696, dated 18 September 1970, should have been the applicant’s first award of the Bronze Star Medal, not his second award of the Bronze Star Medal.   

5.  Evidence of record also shows the applicant received two awards of the Bronze Star Medal with “V” Device for actions on 12 May 1970 and 18 June 1970 in Vietnam.  Therefore, the applicant is entitled to correction of his DD Form 214 to show a total of three awards of the Bronze Star Medal, which is correctly known as the Bronze Star Medal with “V” Device (Second Oak Leaf Cluster). 

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

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing that the applicant was awarded the Bronze Star Medal with “V” Device (Second Oak Leaf Cluster) and the Purple Heart.

BOARD VOTE:  

JNS____  CLA____  TL______  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		John N. Slone_______
		        CHAIRPERSON

INDEX

CASE ID	AR2000046287	
SUFFIX		
RECON		
DATE BOARDED	20001130	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19710604	
DISCHARGE AUTHORITY	AR 635-200   	
DISCHARGE REASON	Expiration term of service	
BOARD DECISION	(GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.	107.0014	
3.		
4.		
5.		
6.