PROCEEDINGS

	IN THE CASE OF:           

	BOARD DATE:                4 December 2001                        
	DOCKET NUMBER:       AR2001061564

	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. JoAnn Langston		Chairperson	
	Ms. Margaret K. Patterson		Member	
	Mr. Eric N. Andersen		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 award of the Purple Heart, the Air Medal, and the Bronze Star Medal.

3.  The applicant states, in effect, that he is entitled to these awards.  In support of his application, he submits a supplemental letter, a copy of his DD Form 214, award certificates for award the Purple Heart and the Bronze Star Medal, and orders awarding him the Bronze Star Medal with “V” Device.

4.  The applicant’s military records show that he was inducted in the Army on 19 March 1968 and completed infantry training in military occupational specialty 11B (light weapons infantryman).  He served in Vietnam from 23 August 1968 through 19 August 1969 as a gunner and was honorably released from active duty on 18 March 1970.

5.  The applicant’s DD Form 214 does not show the Purple Heart or the Air Medal as authorized awards.  His discharge document shows entitlement to the Bronze Star Medal (First Oak Leaf Cluster).

6.  The applicant’s personnel records contain a DA Form 1577 (Authorization for Issuance of Awards), dated 30 April 2001, which shows the applicant was issued an award of the Purple Heart and the Air Medal.  However, there is no evidence that the applicant’s discharge document was ever amended to show these awards.

7.  The applicant provided a copy of an award certificate, dated 13 April 1989, which shows he was awarded the Purple Heart for wounds received in action in the Republic of Vietnam on 14 September 1968.  

8.  The applicant’s records contain a citation and award certificate which show he was awarded the Air Medal for meritorious achievement while participating in more than 25 aerial missions in support of combat ground forces in Vietnam during the period 1 September 1968 to 9 January 1969.  

9.  The applicant provided a copy of 1st Infantry Division General Orders Number 586, dated 23 January 1969, which awarded him the Bronze Star Medal with “V” Device for actions on 14 September 1968 in the Republic of Vietnam.  The citation for this award states the applicant “sustained a painful leg wound”.

10.  The applicant’s records show that he received a second award of the Bronze Star Medal for meritorious service based on 1st Infantry Division General Orders Number 7390, dated 23 July 1969.

11.  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.

12.  Army Regulation 600-8-22 provides, in pertinent part, that the Air Medal is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight.  This award is primarily intended for personnel on flying status, but may also be awarded to those personnel whose combat duties require them to fly, for example personnel in the attack elements of units involved in air-land assaults against an armed enemy.  

13.  Army Regulation 600-8-22 provides, in pertinent part, that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  The bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Bronze Star Medal.

14.  Army Regulation 600-8-22 provides, in pertinent part, that the bronze “V” device indicates acts of heroism involving conflict with an armed enemy and authorizes the bronze “V” device in conjunction with awards of the Army Commendation Medal, the Air Medal and the Bronze Star Medal.  

CONCLUSIONS:

1.  There are no orders available to the Board which authorize award of the Purple Heart to the applicant.  However, the applicant has provided an award certificate which is authenticated by a general officer and shows the applicant was awarded the Purple Heart on 13 April 1989 for wounds sustained in Vietnam on 14 September 1968.  The citation for award of the Bronze Star Medal with “V” Device to the applicant confirms that he was wounded as a result of hostile action on that date.  Upon review, the Board has determined that this evidence is sufficient as a basis for award of the Purple Heart.  Therefore, the applicant’s DD Form 214 will be amended to show award of the Purple Heart.

2.  There are also no orders available to the Board which authorize award of the Air Medal.  However, a citation and award certificate in the applicant’s records show that he was awarded the Air Medal for meritorious achievement while participating in more than 25 aerial flights in Vietnam during the period 1 September 1968 to 9 January 1969.  Therefore, the Board has determined that this evidence is sufficient as a basis for correcting the applicant’s DD Form 214 to show award of the Air Medal.

3.  The applicant’s DD Form 214 shows entitlement to the Bronze Star Medal (First Oak Leaf Cluster).  However, the first award of the Bronze Star Medal with “V” Device was omitted from his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show the Bronze Star Medal (First Oak Leaf Cluster) with “V” Device.

4.  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 the individual concerned be corrected:

a.  by deleting the Bronze Star Medal (First Oak Leaf Cluster) from
item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214; and 

	b.  by amending item 24 of his DD Form 214 to show he was awarded the Purple Heart, the Air Medal, and the Bronze Star Medal (First Oak Leaf Cluster) with “V” Device.

BOARD VOTE:  

JL______  MKP___  ENA_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		JoAnn Langston________
		        CHAIRPERSON

INDEX

CASE ID	AR2001061564	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20011204	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.	107.0018	
3.	107.0014	
4.		
5.		
6.