PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:  5 September 2002
	DOCKET NUMBER:  AR2002069894

	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. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Ms. Celia L. Adolphi		Chairperson	
	Mr. John T. Meixell		Member	
	Mr. Melvin H. Meyer		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, in effect, that item 23a (Specialty Number & Title) of his DD Form 214 (Report of Transfer or Discharge) be corrected to show that 
he was awarded the military occupational specialty (MOS) of "13A10" instead 
of "63B20," removal of the entry "5 DAYS EXCESS LEAVE 12-16 MAR 69" 
(5 days excess leave 12 to 16 March 1969) in item 30 (Remarks) of his DD Form 214, that he be awarded the Purple Heart (First Oak Leaf Cluster), and all awards and decorations to which he is entitled.

3.  The applicant states, in effect, that item 23a should show the entry "13A10,"
and that the entry "5 DAYS EXCESS LEAVE" should be removed from item 30 of his DD Form 214.  He also states that his award of the Purple Heart (First Oak Leaf Cluster) and awards and decorations to which is entitled are not listed on his DD Form 214.  In support of his application, he submits a copy of his DD Form 214. 

4.  The applicant's military records show he was inducted on 14 August 1968, as a field artillery crewmember (13A10).  He served in Vietnam from 8 January 1969 to 17 March 1970, and was released from active duty on 17 March 1970.

5.  Item 23a of the applicant's DD Form 214 shows the entry "63B20 WHL VEH MECH (Wheel Vehicle Mechanic)."

6.  Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) shows that applicant received training as a field artillery crew member (13A10), as his primary military occupational specialty (PMOS),
from 21 October to 1 December 1968.

7.  The applicant's records contain a copy of Headquarters, 23rd Artillery Group Special Orders Number 177, dated 26 June 1969, which awarded 63B20 as the applicant's secondary military occupational specialty (SMOS) effective 26 June 1969.

8.  Headquarters, 23rd Artillery Group Special Orders Number 272, dated 29 September 1969, shows that the applicant was promoted to SP4/E-4 in MOS 63B20 effective 29 September 1969, while serving in Vietnam.

9.  The applicant's records contain a copy of Headquarters, 23rd Artillery Group Special Orders Number 273, dated 30 September 1969, which awarded 63B20 as his PMOS and 13A10 as his SMOS, and had withdrawn 13A10 as his PMOS and 63B20 as his SMOS, effective 30 September 1969.

10.  Item 38 of the applicant's DA Form 20 shows that the applicant was assigned as a "63B20" from 12 January 1969 to 15 March 1970.

11.  Item 30 of his DD Form 214 shows the entry" 5 DAYS EXCESS LEAVE 
12-16 MAR 69."

12.  The applicant's DD Form 214 shows he was awarded the National Defense Service Medal, the Army Commendation Medal, the Vietnam Service Medal, and the Vietnam Campaign Medal with 60 device.  

13.  His discharge document does not show any awards of the Purple Heart as authorized awards.

14.  His DA Form 20 does not show any entry in item 40 (Wounds) or list the Purple Heart in item 41 (Awards and Decorations).

15.  There are no orders in the applicant's service personnel records which show that he was awarded the Purple Heart.  There also is no evidence in his records that shows he was wounded or treated for wounds as a result of hostile action.

16.  The applicant's records contain a copy of DA Form 8-275-3, dated 26 July 1969, which shows that the applicant was admitted to the 24th Field Evacuation Hospital, while serving in Vietnam.  He was diagnosed as having external otitis (inflammation of the ear), treated and improved.  However, this evidence failed to indicate that this was the result of hostile action.

17.  The applicant was issued a permanent physical profile of 111311 for hearing loss, bilateral on 19 December 1969.

18.  The applicant's Standard Form 89 (Report of Medical History) indicated that the applicant received treatment from a field evacuation clinic, while serving in Vietnam, and his Standard Form 88 (Report of Medical Examination) shows that he was cleared for separation.

19.  A DA Form 1577, dated 16 July 1984, shows that the Army Reserve Personnel Center (ARPERCEN) in St. Louis, Missouri, determined the applicant was authorized to be issued the Good Conduct Medal, the Meritorious Unit Emblem, the Vietnam Service Medal with two bronze service stars, the Sharpshooter Badge with Rifle Bar, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  ARPERCEN also determined that they were unable to verify the applicant's entitlement to the award of the Purple Heart.

20.  The applicant's records contain a copy of a letter from the Awards and Benefits Section, ARPERCEN, dated 8 December 1987.  ARPERCEN informed the applicant that accidental injuries received in a combat zone are not considered as wounds "received in action."  Therefore, there is no authority to 
award him the Purple Heart.

21.  Army Regulation 635-5, in effect at the time, established the standardized policy for preparing and distributing the DD Form 214.  It provided, in pertinent part, that the soldier's primary specialty number and title would be entered in item 23a of the DD Form 214.

22.  Army Regulation 600-8-10 (Leave and Passes) covers leave and pass programs.  It prescribes polices, operating tasks, and steps governing military personnel absences.  Paragraph 5-2 of the same regulation pertains to excess leave.  It states, in pertinent part, that excess leave may be granted in emergencies or unusual circumstances.  The aggregate of all leave granted normally will not exceeded 60 days for any one period of absence.  The aggregate of leave granted includes accrued plus advance (to include the unaccrued portion of advance leave previously granted) plus excess leave and that excess leave will be granted only upon request of the soldier.  It also stated that the request must contain a statement which ensures soldiers are aware that periods of excess leave are without pay and allowances, and that no leave accrues to soldiers during periods of excess leave.

23.  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.

24.  The bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart.

25.  The applicant's name did not appear on the Vietnam Casualty List for a wound or injury received during the time frame of 8 January 1969 to 15 March 1970.

CONCLUSIONS:

1.  The evidence of record shows that the applicant was inducted as a field artillery crew member (13A), was awarded the PMOS of 13A10, and was later trained as wheel vehicle mechanic (63B).  He was awarded the PMOS of 63B20 effective 30 September 1969, was awarded the SMOS of 13A10, and had his PMOS of 13A10 withdrawn on the same date.  As a result, the applicant’s PMOS at the time of separation was 63B20.  Therefore, his records are correct as currently constituted and there is no basis to correct item 23a of his DD Form 214.

2.  The Board notes the entry in item 30 of his DD Form 214 which shows that he had 5 days of excess leave from 12 to 16 March 1969, while serving in Vietnam at that time.  However, there is no evidence in the available records and the applicant has not provided any evidence to show that he was not granted
5 days of excess leave from 12 to 16 March 1969.  Therefore, there is no basis to remove the entry "5 DAYS LEAVE EXCESS LEAVE 12-16 MAR 69" in item 30 of his DD Form 214.

3.  The evidence of record shows that the applicant was admitted to a field evacuation hospital and was diagnosed as having external otitis.  He was later issued a permanent physical profile of 111311 due to hearing loss while serving in Vietnam.  However, this evidence failed to show that his injury was the result of hostile action and is not sufficient by itself as a basis for award of the Purple Heart.

4.  There is no evidence in the record available to the Board, and the applicant has provided no evidence, which shows that he was injured or wounded twice due to hostile action during Vietnam.  Additionally, there are no orders officially awarding him two awards of the Purple Heart.  Therefore, there is insufficient evidence that the applicant is entitled to the Purple Heart (First Oak Leaf Cluster).

5.  The applicant is entitled to the Good Conduct Medal, the Meritorious Unit Commendation, the Vietnam Service Medal with two bronze service stars, the Sharpshooter Badge with Rifle Bar, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his records to show these awards.

6.  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 for the individual concerned be corrected by showing that he was awarded the Good Conduct Medal, the Meritorious Unit Commendation, the Vietnam Service Medal with two bronze service stars, the Sharpshooter Badge with Rifle Bar, 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:  

__ca___  ___jm___  __mm___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Celia L. Adolphi___
		        CHAIRPERSON

INDEX

CASE ID	AR2002069894	
SUFFIX		
RECON		
DATE BOARDED	20020905	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19700317	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  6		
2.  61		
3.		
4.		
5.		
6.