PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:            9 February 2000       
	DOCKET NUMBER:   AR1999029500

	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.  

	Ms. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor		Chairperson	
	Ms. Deborah S. Jacobs		Member	
	Ms. Carol Jo Suiter 		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 Bronze Star Medal and Purple Heart.  He states he sustained a shrapnel wound “in the right neck: in 1968 during the “Tet Offensive” and that he was mentally wounded during this time as well.  He submits no evidence in support of his request.

3.  Records indicate the applicant entered active duty on 14 October 1966 and was assigned to Vietnam as an infantryman in December 1967.  Prior to departing Vietnam he was awarded a Bronze Star Medal for meritorious achievement during the period 1 January 1968 through 31 August 1968 and an Army Commendation Medal for meritorious achievement during the period 1 May 1968 through 30 September 1968.  Both awards were approved by the commanding general, 101st Airborne Division.

4.  In November 1968 his infantryman specialty was withdrawn and he was awarded an Armor/Unit Supply Specialist specialty.  He was released from active duty on 10 November 1969 at the completion of his enlistment contract having been retained beyond his original separation date in order to make up 28 days of lost time due to AWOL and confinement.  His separation report does not reflect award of the Bronze Star Medal, Army Commendation Medal or Purple Heart.  

5.  The applicant’s separation physical examination, completed on 20 October 1969, does not reflect any wounds sustained as a result of hostile action.  Additionally, item 40 (wounds) on his DA Form 20 (enlisted qualification record) is blank.

6.  Subsequent to the applicant’s separation, it appears he initiated a claim for service connected disability from the VA.  In a 1984 VA document the VA requested that the Army furnish a line of duty “determination for GSW [gunshot wound] to left foot and ankle in 1968.”  In response to the request an annotation was made on the VA form that there was no line of duty determination in the applicant’s files.  An earlier VA form noted that the applicant’s records did not show award of the Purple Heart nor treatment for any gunshot wound.

7.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for wounds 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 by a medical officer, and the medical treatment must have been made a matter of official record.

CONCLUSIONS:

1.  The evidence confirms the applicant was awarded a Bronze Star Medal and Army Commendation Medal, which were omitted, from his DD Form 214.  As such it would be appropriate to correct his records to reflect entitlement to those two decorations.
2.  There is, however, no evidence, and the applicant does not provide any, which confirms he was ever wounded as a result of hostile action while in Vietnam.  In fact the Board notes that he originally indicated to the VA that he had sustained a gunshot wound to his left foot and ankle but in his request to this Board contends that he sustained a shrapnel wound to his right neck.  The contradiction in the location of his wounds tends to support a conclusion that the applicant was not wounded as a result of hostile action while in Vietnam and as such there is no basis to award him the Purple Heart.

3.  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 that the individual concerned was awarded a Bronze Star Medal and Army Commendation Medal while in Vietnam.

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

BOARD VOTE:  

___rvo__  ___dsj__  __cjs___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999029500	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000209	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	Grant	
REVIEW AUTHORITY		
ISSUES         1.46	107.00	
2.		
3.		
4.		
5.		
6.