PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            3 August 2000                  
	DOCKET NUMBER:   AR1999030295

	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. Beverly A. Young		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Edwin S. Castle		Member	
	Mr. Orville W. Troesch, Jr.		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 (Certificate of Release or Discharge From Active Duty) to show award of the Bronze Star Medal with “V” Device, the Purple Heart (First Oak Leaf Cluster), the Air Medal with numeral “2”, the Army Commendation Medal and the Humanitarian Service Medal.

3.  The applicant states, in effect, that these awards should be shown on his DD Form 214.  In support of his application, he submits a copy of his DD Form 214, seven general orders, and a Letter of Appreciation.

4.  The applicant’s military records show that he initially enlisted in the Regular Army on 12 September 1968.  He completed training as an infantryman and completed overseas assignments in Vietnam and Italy.  The applicant continued to serve on active duty until he was honorably discharged in the pay grade of E-7 on 26 May 1982.

5.  The applicant’s service personnel records contain four DD Forms 214.  His DD Form 214 with a separation date of 26 May 1982 does not show the Bronze Star Medal with “V” Device, the Purple Heart (First Oak Leaf Cluster), the Air Medal with numeral “2”, the Army Commendation Medal or the Humanitarian Service Medal as authorized awards.  The applicant’s DD Form 214 with an effective date of 26 May 1982 does show entitlement to the Bronze Star Medal (First Oak Leaf Cluster) and the first award of the Air Medal.

6.  The applicant provided a copy of 173rd Airborne Brigade General Order Number 1170, dated 4 May 1970, which awarded him the Bronze Star Medal with “V” Device for action on 14 March 1970 in the Republic of Vietnam.  He also submitted 23d Infantry Division General Order Number 12367, dated 29 October 1971, which awarded him the Bronze Star Medal for meritorious achievement during the period 1 August 1971 through 15 October 1971 and 196th Infantry Brigade General Order Number 01547, dated 30 March 1972, which awarded him the Bronze Star Medal for meritorious service during the period 1 August 1971 to 1 March 1972.  This is a total of three awards of the Bronze Star Medal.

7.  The applicant provided a copy of 173rd Airborne Brigade General Orders Number 1270, dated 15 September 1969, which awarded him the Purple Heart for a wound sustained on 21 July 1969; and awarded him the Purple Heart (First Oak Leaf Cluster) for a wound sustained on 28 August 1969.

8.  The applicant was awarded the second award of the Air Medal by Headquarters, 196th Infantry Brigade General Orders Number 01712, dated 12 April 1972, for the period 1 August 1971 to 1 April 1972.

9.  Headquarters, 173rd Airborne Brigade General Order Number 361, dated 19 June 1970 awarded the applicant the Army Commendation Medal for meritorious achievement during the period 4 July 1969 to 17 June 1970.

10.  A DA Form 1577 (Authorization for Issuance of Awards), dated 12 May 1995, shows the applicant was issued the Humanitarian Service Medal.  However, there is no indication in the applicant’s personnel records that he was awarded or otherwise entitled to the Humanitarian Service Medal.  The applicant provided a Letter of Appreciation, dated 1 December 1980, which states that he performed during the earthquake relief operations in Milan, Italy during the period “21-23 November 1980”.  Army Regulation 600-8-22, Table C-1, lists the Department of Defense Approved Humanitarian Service Medal Operations.  This list shows the Humanitarian Service Medal was authorized for operations in the Italy Earthquake Disaster Relief during the period 26 November to 7 December 1980.  Those soldiers who were eligible for the Humanitarian Service Medal for participation in this operation were on a by-name listing.

11.  Army Regulation 600-8-22 provides, in pertinent part, that the Humanitarian Service Medal is awarded to members who distinguished themselves by meritorious direct participation in a Department of Defense approved significant military act or operation of a humanitarian nature.  A service member must be on active duty at the time of direct participation, must have directly participated in the humanitarian act or operation within the designated geographical area of operation and within specified time limits, and must provide evidence that substantiates direct participation.

CONCLUSIONS:

1.  Evidence of record shows the applicant received three awards of the Bronze Star Medal and one of them was with the “V” Device.  Therefore, he is entitled to correction of his DD Form 214 with a separation date of 26 May 1982 to show the entry “Bronze Star Medal (Second Oak Leaf Cluster) with “V” Device”.

2.  The applicant was awarded two awards of the Purple Heart; therefore, he is entitled to correction of his DD Form 214 with a separation date of 26 May 1982 to show the Purple Heart (First Oak Leaf Cluster).

3.  Orders show that the applicant was awarded the second award of the Air Medal; therefore, he is entitled to correction of his DD Form 214 with a separation date of 26 May 1982 to show the Air Medal with numeral “2”.

4.  The applicant was awarded the Army Commendation Medal; therefore, he is entitled to correction of his DD Form 214 with a separation date of 26 May 1982 to show this award.

5.  There is no evidence of record, and the applicant has provided no evidence, which shows that he was awarded the Humanitarian Service Medal. 

6.  The Board notes the Letter of Appreciation provided by the applicant in support of his claim for award of the Humanitarian Service Medal.  However, there is no substantiating evidence which shows the applicant participated in the Earthquake Disaster Relief operation during the period of qualifying service for award of the Humanitarian Service Medal.  Therefore, he is not entitled to correction of his records to show this award.

7.  In view of the foregoing findings and conclusions, it would appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing the entries “Bronze Star Medal (Second Oak Leaf Cluster) with “V” Device”, “Purple Heart (First Oak Leaf Cluster)”, “Air Medal with numeral “2””, and “Army Commendation Medal” in item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the individual concerned DD Form 214 with a separation date of 26 May 1982.

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

BOARD VOTE:  

JNS____  ESC_____  OWT____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		John N. Slone_________
		        CHAIRPERSON

INDEX

CASE ID	AR1999030295	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000803	
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.	107.00	
2.		
3.		
4.		
5.		
6.