PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           19 April 2001   
	DOCKET NUMBER:   AR2000050697

	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	
	Mr. Curtis L. Greenway		Member	
	Ms. Barbara J. Ellis		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 and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  He also requests that a new DD Form 214 (Certificate of Release or Discharge from Active Duty) be issued reflecting these awards. 

3.  The applicant states, in effect, that he is entitled to the Purple Heart for wounds sustained on 17 June 1969 as a result of hostile action in Vietnam.  He also contends that his unit was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  The applicant explains that his assigned Social Security Number was erroneously assigned by the Social Security Administration in 1959.  However, this error was corrected on 18 June 1987.  He points this out because the Social Security Number on the medical evidence of record in support of his claim for the Purple Heart shows the erroneous Social Security Number.  In support of his application, he submits a six-page brief; a DD Form 1380 (U.S. Field Medical Card), dated 17 June 1969; an excerpt from the Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register); a copy of his DD Form 214; and a letter, dated 18 June 1987, from the Social Security Administration correcting the applicant’s Social Security Number.

4.  The American Legion, as counsel for the applicant, opines that the official Army records amply advance the applicant’s contentions and substantially reflect the probative facts needed for an equitable review.

5.  The applicant’s military records show that he completed over 20 years of active duty on 31 July 1987 when he retired in the rank of lieutenant colonel.  His records also show that he served as an aviator in Vietnam from 25 February 1969 through 24 February 1970 and from 25 June 1971 through 10 February 1972.

6.  The applicant’s retirement DD Form 214 with an effective date of 31 July 1987 does not show the Purple Heart or the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation as authorized awards.

7.  The applicant provided a copy of DD Form 1380 (U.S. Field Medical Card), dated 17 June 1969, which shows the applicant, while serving in the rank of captain, was injured (loss of front tooth) by enemy action on 17 June 1969.  Item 32 (Remarks) on this medical card shows the entry “Purple Heart Recommended not awarded this station”.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) also shows the applicant is entitled to award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 42, dated 1972.
 
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) establishes the policies and procedures for completion and distribution of the DD Form 214.  In pertinent part, it states that a DD Form 214 will not be reissued unless directed by proper appellate authority, unless it is determined that required corrections will not fit within the space on a single DD Form 215 (Correction to DD Form 214), unless two DD Forms 215 have already been issued and another correction is required or unless the character of service is changed.

CONCLUSIONS:

1.  Medical evidence of record shows the applicant was injured on 17 June 1969 in Vietnam as a result of enemy action.  Therefore, the applicant is entitled to award of the Purple Heart and correction of his DD Form 214 to show this award. 

2.  The applicant’s unit was cited for the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it.  Therefore, the applicant is entitled to correction of his DD Form 214 to show this unit citation.

3.  The Board considered the applicant’s request that a new DD Form 214 be prepared to reflect award of the Purple Heart and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  However, in accordance with the governing regulation, a DD Form 214 will not be reissued unless directed by proper appellate authority, unless it is determined that required corrections will not fit within the space on a single DD Form 215 (Correction to DD Form 214), unless two DD Forms 215 have already been issued and another correction is required or unless the character of service is changed.  Therefore, there is no basis to reissue a DD Form 214 to the applicant.        

4.  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 Purple Heart 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:  

JNS____  CLG____  BJE_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___John N. Slone______
		        CHAIRPERSON

INDEX

CASE ID	AR2000050697	
SUFFIX		
RECON		
DATE BOARDED	20010419	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19870731	
DISCHARGE AUTHORITY	  	
DISCHARGE REASON	Retirement	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.	107.0095	
3.	100.0000	
4.		
5.		
6.