PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            7 March 2002                  
	DOCKET NUMBER:   AR2002069167

	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	
	Mr. Joseph A. Adriance 		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor, Jr.		Chairperson	
	Mr. John P. Infante		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 originally requested that his separation document (DD Form 214) reflect the fact he was wounded in action and that he received two Purple Hearts. 

3.  The applicant originally provided a copy of a Purple Heart (PH) award order and certificate that shows he was awarded the PH for a wound he received in action on 20 September 1968, and that resulted in his being hospitalized for two weeks in the 67th Evacuation Hospital, Qui Nhon, Republic of Vietnam (RVN),  He also indicated that he had both PH medals, but cannot find orders for the one he received in July 1968.  

4.  The Board originally considered this case and published its findings and conclusions in a Memorandum of Consideration (MOC), dated 5 June 2001, identified as case number AR2001052638.  In this MOC, the Board concluded that the applicant had already been awarded the PH for being wounded in action on 28 September 1968, and it had already been added to his record.  This conclusion was based on an invalid correction to the applicant’s separation document (DD Form 215), dated 21 March 2001.  

5.  On 21 November 2001, the Army Review Board Agency, St. Louis, Missouri, provided a Facsimile (FAX) message that clarified that the DD Form 215 in question was not valid, had not been signed by the proper authority or distributed, and was left on file in the applicant’s record erroneously.  The reason given for the document not being signed and distributed was because the PH award order signature page was missing from the record.  

6.  In its original consideration of this case on 5 June 2001, as outlined in decisional document AR2001052638, the Board concluded, based on the invalid DD Form 215 in question, that the following awards had been added to the applicant’s record and his original separation document (DD Form 214), dated 
24 February 1969:  PH; Vietnam Service Medal with 3 bronze service stars; Republic of Vietnam Gallantry Cross with Palm Unit Citation Badge; and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation Badge.  In addition, that the entry “RVN Service:  22 Mar 68 – 16 October 68” was also added to Item 30 (Remarks) of the applicant’s DD Form 214.  

7.  Notwithstanding the DD Form 215 being invalid, the applicant’s Enlisted Qualification Record (DA Form 20), as outlined in the original decisional document, confirms in Item 31 (Foreign Service) that he served in the RVN from 22 March 1968 to 16 October 1968, and Item 40 (Wounds) verifies that he was wounded in action on 20 September 1968, when he received a multiple fragment wound in both legs and the right arm.  

8.  In addition, the record includes a copy of General Order Number 102, dated 
23 September 1968, issued by Headquarters, 85th Evacuation Hospital, RVN, which awarded the applicant the PH, for being wounded in action on 
20 September 1968, while serving as a specialist four/E-4 in the RVN.  Although the second signature page of this order is not on file, the accompanying signed PH award certificate is in the record.  

CONCLUSIONS:

1.  The findings and conclusions arrived at by the Board in its original consideration of this case on 5 June 2001 were correct with the exception of those arrived at based on the invalid DD Form 215, dated 21 March 2001.  

2.  In the opinion of the Board, although missing the signature page, the order awarding the applicant the PH for being wounded in action in the RVN on 
20 September 1968 is valid.  This conclusion is supported by the accompanying signed award certificate and the entry in Item 40 (Wounds) of the applicant’s 
DA Form 20, which confirms that he was wounded in action.  Thus, the Board concludes it would be appropriate to add this PH to his record at this time.   

3.  In addition, the evidence of record confirms that, based on his unit service in the RVN, the applicant is also entitled to the Vietnam Service Medal with 
3 bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation Badge, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation Badge, as listed in the invalid DD Form 215.  Therefore, the Board also finds these awards to his record at this time.  

4.  Finally, the Board concludes that the entry “RVN Service:  22 Mar 68 – 16 October 68” should also be added to Item 30 (Remarks) of the applicant’s 
DD Form 214 to verify his combat service in the RVN, as had been accomplished in the invalid DD Form 215.

5.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records 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 received the Purple Heart, Vietnam Service Medal with 3 bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation Badge, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation Badge; by adding the entry “RVN Service:  22 Mar 68 – 16 October 68” to Item 30 (Remarks) of his DD Form 214; and by providing him a corrected separation document that reflects these changes. 

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

BOARD VOTE:  

__RVO__   _ _JPI__  __RKS      GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		  __Raymond V. O'Connor, Jr.__
		             CHAIRPERSON

INDEX

CASE ID	AR2002069167	
SUFFIX		
RECON		
DATE BOARDED	2002/03/07	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1969/02/04	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON	ETS	
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  46	107.0000	
2.  1021	100.0000	
3.		
4.		
5.		
6.