PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            22 March 2000    
	DOCKET NUMBER:   AR1999030903

	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. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. James M. Alward		Chairperson	
	Mr. Ted S. Kanamine		Member	
	Mr. Arthur A. Omartian		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, award of the Purple Heart. 

3.  The applicant states, in effect, that at the time he was taken to the hospital for treatment of malaria, he also had a laceration on his right hand/little finger as a result of a booby trap during the TET Offensive in 1968 in Vietnam.  In support of his application, he submits a copy of his DD Form 214 (Report of Transfer or Discharge) with an effective date of 3 October 1968.  

4.  The applicant’s military records show that he enlisted on 4 November 1964 for a period of 4 years.  He trained as a light weapons infantryman and was honorably discharged on 29 November 1965 for immediate reenlistment.  He reenlisted on 30 November 1965 for a period of 3 years.  The applicant served as as a squad leader in Vietnam from 7 October 1967 through 29 September 1968 and was honorably discharged on 3 October 1968.

5.  The applicant’s DD Form 214 with an effective date of 3 October 1968, which was authenticated in his own hand, does not show the Purple Heart as an authorized award.  

6.  There is no evidence in the applicant’s service personnel records that he was awarded the Purple Heart or was wounded as a result of hostile action.

7.  Evidence of record shows that on 3 October 1968 the applicant underwent a separation physical examination which makes no mention of any wounds sustained as a result of hostile action.  His DA Form 20 (Enlisted Qualification Record) does not reflect entitlement to the Purple Heart and item 40 (Wounds) on his DA Form 20 is blank. 

8.  The Board notes the applicant’s DD Form 214 shows the Army Commendation Medal as an authorized award.  The applicant’s records do not contain orders for the Army Commendation Medal. 

9.  The applicant’s personnel records contain Headquarters 9th Infantry Division General Orders Number 3277, dated 3 May 1968, which shows the applicant was awarded the Army Commendation Medal with “V” Device for heroism on 
2 and 3 February 1968.   

10.  Item 41 (Awards and Decorations) of the applicant’s DA Form (Enlisted Qualification Record) indicates that the applicant was awarded the Army Commendation Medal with “V” Device by Headquarters 9th Infantry Division General Orders Number 3277 on 3 May 1968.  There is no entry for an award of the Army Commendation Medal.

11.  Army Regulation 600-8-22 (Purple Heart) 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.

CONCLUSIONS:

1.  The Board noted the applicant’s contention that he sustained an injury to his right hand/little finger as a result of a booby trap during the TET Offensive in 1968 in Vietnam.  However, there is no evidence available to the Board, and the applicant has provided no evidence, which shows he was wounded or treated for wounds as a result of hostile action in Vietnam. 

2.  Evidence of record shows the applicant signed his DD Form 214 attesting to the fact he was not entitled to award of the Purple Heart. 

3.  The preponderance of evidence in this case shows that he was not wounded or otherwise entitled to award of the Purple Heart.  Therefore, the applicant is not entitled to correction of his military records to show award of the Purple Heart.

4.  The applicant’s DD Form 214 shows the Army Commendation Medal as an authorized award.  Evidence of record shows the applicant was awarded the Army Commendation Medal with “V” Device, not the Army Commendation Medal. Therefore, it would be in the interest of justice to correct his DD Form 214, at this time.  

5.  In view of the foregoing findings and conclusions, it would be 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 adding the entry “with “V” Device” to the Army Commendation Medal shown on the DD Form 214 of the individual concerned.

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

BOARD VOTE:  

JAM____  TSK____  AAO_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		James M. Alward_______
		        CHAIRPERSON

INDEX

CASE ID	AR1999030903	
SUFFIX		
RECON		
DATE BOARDED	20000322	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19681003	
DISCHARGE AUTHORITY	AR 635-200 Chapter 5	
DISCHARGE REASON	Overseas returnee	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.	107.0020	
3.		
4.		
5.		
6.