PROCEEDINGS

	IN THE CASE OF:          

	BOARD DATE:               7 August 2001               
	DOCKET NUMBER:      AR2001056108

	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. Beverly A. Young		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. Thomas B. Redfern		Member	
	Ms. Regan K. Smith		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 (Armed Forces of the United States Report of Transfer or Discharge) to show the Air Medal, the Purple Heart, and to show his rank as specialist five (SP5)/pay grade E-5.

3.  The applicant states that his DD Form 214 does not show the Air Medal and the Purple Heart.  He contends that he should have been advanced to SP5/pay grade E-5.  In support of his application, he submits a copy of his DD Form 214, a letter from a general officer, orders, award certificate for the Air Medal with “V” Device, and a Standard Form 502 (Narrative Summary).

4.  The applicant’s military records show that he enlisted on 12 March 1970, completed training as an helicopter repairman, and served in Vietnam from 10 September 1970 through 2 June 1971.  He was honorably released from active duty on 20 March 1972 by reason of physical disability.  His DD Form 214 does not show the Air Medal or the Purple Heart as authorized awards.  

5.  The applicant provided a copy of 1st Infantry Brigade, 9th Infantry Division General Orders Number 992, dated 15 June 1971, which awarded him the Air Medal with “V” Device for actions on 28 March 1971.

6.  The applicant’s personnel records contain a telegram, dated 30 March 1971, which states he was “slightly wounded in action” on 28 March 1971 in Vietnam and was hospitalized in Vietnam. 

7.  The applicant’s DD Form 214 shows he was released from active duty in the rank of specialist four (SP4)/pay grade E-4.  There is no evidence available to the Board which shows he was promoted to the rank of SP5/pay grade E-5.  
There also is no evidence that he was recommended for promotion to SP5/pay grade E-5.

8.  The Board noted that the applicant was entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974.  This foreign unit award is not shown on his DD Form 214.

9.  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.

10.  Army Regulation 635-5 provides instructions for the preparation of the DD Form 214.  It states, in pertinent part, that item 5a (Grade, Rate or Rank) will be completed to show the active duty grade or rank and pay grade at the time of separation.
CONCLUSIONS:

1.  Orders show the applicant was awarded the Air Medal with “V” Device; therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  The applicant’s records contain a telegram which shows he was wounded in action in Vietnam on 28 March 1971.  As a result, the Board determined he is entitled to the Purple Heart and correction of his DD Form 214 to show this decoration.

3.  There is no evidence of record and the applicant has provided no evidence which shows he was recommended for or was promoted to SP5/pay grade E-5.  Therefore, his DD Form 214 is correct as currently constituted and he is not entitled to correction of his records to show his rank as SP5/pay grade E-5.

4.  Evidence of record shows the applicant was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation; therefore, his DD Form 214 will be amended to show this foreign unit award.

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 by showing the individual concerned was awarded the Air Medal with “V” Device, the Purple Heart, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

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

BOARD VOTE:  

MKP____  TBR____  RKS____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Margaret K. Patterson_
		        CHAIRPERSON

INDEX

CASE ID	AR	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010807	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT IN PART	
REVIEW AUTHORITY		
ISSUES         1.	107.0018	
2.	107.0015	
3.	102.0200	
4.		
5.		
6.