PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            21 December 2000  
	DOCKET NUMBER:   AR2000048135

	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:

	Ms. Karol A. Kennedy		Chairperson	
	Mr. Ernest W. Lutz		Member	
	Ms. Gail J. Wire		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 states that in July 1998 he found out through x-rays that he has shrapnel in his hip.  He contends that this means he was wounded in action and should receive the Purple Heart.  In support of his application, he submits a VA Rating Decision dated 26 August 2000. 

4.  The applicant’s military records show that he was inducted on 11 August 1969.  He served as a light weapons infantryman in Vietnam from 28 January 1970 through 15 March 1971 and was honorably released on 15 March 1971. 

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 is no evidence in the applicant’s service personnel records that he was awarded the Purple Heart or was wounded as a result of hostile action.

7.  Evidence of record shows that on 15 March 1971 the applicant underwent a separation physical examination which makes no mention of any wounds sustained as a result of hostile action.  His DA Form 20 (Enlisted Qualification Record) does not reflect entitlement to the Purple Heart and item 40 (Wounds) on his DA Form 20 is blank.     
 
8.  The applicant provided a VA Rating Decision, dated 26 August 2000, which shows service connection for residuals of shrapnel wounds to right buttocks with retained foreign bodies is granted with an evaluation of zero percent effective 
17 September 1999.  The VA reviewed the applicant’s service medical records and found no indication of wounds.  The VA Rating Decision was based on deductions by the applicant that he must have been wounded in May 1970.  

9.  DA Form 1577 (Authorization for Issuance of Awards), 27 March 1989, shows the Army Reserve Personnel Center in St. Louis, Missouri, determined that the applicant was eligible for the Good Conduct Medal, the Meritorious Unit Emblem, the Expert Marksmanship Qualification Badge with Automatic Rifle Bar, the Marksman Marksmanship Qualification Badge with Rifle Bar, the Marksman Marksmanship Qualification Badge with Automatic Rifle Bar, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  These awards are not shown on his discharge document.     

10.  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.  There is no evidence in the applicant’s service personnel or medical records which shows the applicant was wounded or treated for wounds as a result of hostile action in Vietnam.  Based on the foregoing, the applicant is not entitled to correction of his military records to show award of the Purple Heart.

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

3.  The Board considered the VA Rating Decision to award service connection for residuals of shrapnel wounds to right buttocks with retained foreign bodies.  However, this decision is not sufficient as a basis for award of the Purple Heart, particularly in view of the evidence of record which shows the applicant was not wounded and did not receive the Purple Heart. 

4.  The applicant is entitled to the Good Conduct Medal, the Meritorious Unit Emblem, the Expert Marksmanship Qualification Badge with Automatic Rifle Bar, the Marksman Marksmanship Qualification Badge with Rifle Bar, the Marksman Marksmanship Qualification Badge with Automatic Rifle Bar, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, the applicant is entitled to correction of his DD Form 214 to show these awards. 

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 Good Conduct Medal, the Meritorious Unit Emblem, the Expert Marksmanship Qualification Badge with Automatic Rifle Bar, the Marksman Marksmanship Qualification Badge with Rifle Bar, the Marksman Marksmanship Qualification Badge with Automatic Rifle Bar, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

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

BOARD VOTE:  

KAK____  EWL____  GJW____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Karol A. Kennedy_____
		        CHAIRPERSON

INDEX

CASE ID	AR2000048135	
SUFFIX		
RECON		
DATE BOARDED	20001221	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19710315	
DISCHARGE AUTHORITY	AR 635-200 Chapter 5  	
DISCHARGE REASON	Early separation of overseas returnee	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.	107.0056	
3.	107.0034	
4.	107.0110	
5.	107.0094	
6.	107.0095