PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            27 June 2000                  
	DOCKET NUMBER:   AR1999030366

	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. Antoinette E Farley		Analyst	

  The following members, a quorum, were present:

	Mr. Mark D. Manning		Chairperson	
	Mr. Walter T. Morrison		Member	
	Mr. Curtis L. Greenway		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, correction of his military records to show award of the Purple Heart and the Combat Infantryman Badge (CIB).

3.  The applicant states, in essence, that he was unaware that his DD Form 
214 (Armed Forces of the United States Report of Transfer or Discharge) did not indicate a Purple Heart or a CIB.  He also states that he earned his CIB based on his military occupational specialty (MOS) 11B20 (Infantryman) and a Purple Heart was earned when he was hit by shrapnel on 13 March 1969.  In support of his request, he defers to his military records.

4.  His military records show that on 6 August 1968, he enlisted in the Regular Army for 3 years.  He completed his basic combat training at Fort Benning, Georgia, on 19 August 1968.  He was then transferred to Fort Polk, Louisiana, where he completed his advanced individual training and was awarded MOS 11B10 on 14 October 1968.  On 3 December 1968, he was assigned to the Republic of Vietnam (RVN) for duty in his MOS.  

4.  On 27 July 1970, he returned to the Continental United States (CONUS) and was separated with an honorable discharge.  The highest pay grade he attained was E-4.  He then had a period of inactive service from 31 July to 13 October 1970.  

5.  His DA Form 20 (Enlisted Qualification Record) and DD Form 214 shows credit for four campaigns during his assignment to the RVN: the VN Counteroffensive Phase VI, the Tet 69 Counteroffensive, the Vietnam Summer-Fall 1969 and the Winter Spring 70.  

6.  A further review of his of military records shows that he received two awards of the Army Commendation Medal.  The first award was for meritorious achievement while in the RVN for the period from 9 June to 18 November 1969.  He received a second award for meritorious service for the period from January 1969 to January 1970.  

7.  The applicant’s awards and decorations in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214, show that he is entitled to the Army Commendation Medal, the Good Conduct Medal, the Air Medal, the National Defense Service Medal, the Vietnam Service Medal and the RVN Campaign Ribbon with 60 Device.  Neither the second award of the Army Commendation Medal nor service stars for campaign participation credit were shown on this DD Form 214.

8.  His DA Form 20, in item 40 (Wounds), shows that he supposedly received a shrapnel wound to the lower left leg on 13 March 1969.  However, there is no other indication in the applicant’s personnel or medical records that he was wounded or treated for wounds due to hostile action during combat operations while in the RVN. 

9.  On 14 October 1970, he reenlisted in the Army for 6 years as an Infantryman. On 1 February 1972, he was assigned to Germany for duty in MOS 11B20.  On 
18 March 1975, he returned to the CONUS from Germany and was assigned to Fort Stewart, Georgia, for duty.  

10.  While overseas and after his return to CONUS, he received 10 nonjudicial punishments under the provisions of Article 15, Uniform Code of Military Justice for various misconduct and he received one summary court-martial for being AWOL for 24 days, for breaking restriction and for using disrespectful language towards a superior noncommissioned officer. 

11.  On 5 November 1976, he was discharged under the provisions of paragraph 13-5a(1), Army Regulation 635-200 by reason of misconduct-frequent incidents of a discreditable nature with civil or military authorities, with an undesirable discharge (UD).  He had 7 years, 11 months and 25 days of creditable service and 24 days lost time due to AWOL.

12.  On 8 June 1979, the Army Discharge Review Board (ADRB) reviewed the applicant’s record and upgraded his UD to a general discharge under honorable conditions.  However, his reason for discharge was not changed.

13.  The applicant was issued a new DD Form 214 showing the upgrade of his discharge as directed by the ADRB, but with the same discharge date of
5 November 1976 and no change in reason for his discharge.  Also, additional entries were made to his DD Form 214, item 24 (Decorations, Medal, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) to include the award of the CIB, three overseas service bars, the Expert Qualification Badge with Rifle Bar and the RVN Gallantry Cross with Palm.  However, the second award of the Army Commendation Medal and service stars for campaign credit were also not shown on this document. 

14.  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.

15.  Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.

CONCLUSIONS:

1.  There is no evidence available to the Board, which shows that the applicant was awarded the Purple Heart or was wounded or treated for wounds due to hostile action.  Therefore, the applicant is not entitled to award of the Purple Heart.

2.  Since the applicant’s DD Form 214 already shows that he was awarded the CIB, no further action will be taken on this matter.

3.  However, the applicant is entitled to have his DD Form 214 corrected to add the second award of the Army Commendation Medal and four bronze service stars to be worn on his Vietnam Service Medal for his participation in four campaigns while in the RVN. 

4.  In view of the foregoing, the applicant’s records should be corrected, but only 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 is entitled to award of the Army Commendation Medal (First Oak Leaf Cluster) and four bronze service stars for wear on his Vietnam Campaign Medal. 

2.  That upon completion of the above actions, that a DD Form 215 (Correction to DD Form 214) be issued to the individual concerned to show these additional awards.

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

BOARD VOTE:  

__mdm__  __wtm___  __clg___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Mark D. Manning_
		        CHAIRPERSON

INDEX

CASE ID	AR1999030366	
SUFFIX		
RECON		
DATE BOARDED	20000627	
TYPE OF DISCHARGE	GD	
DATE OF DISCHARGE	19761105	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON	A67.00	
BOARD DECISION	GRANT IN PART	
REVIEW AUTHORITY	DASA	
ISSUES         1.	A7100	
2.	A76.00	
3.	A64.00	
4.	A107.46	
5.		
6.