PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            17 May 2000                  
	DOCKET NUMBER:    AR1999031791

	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. Beverly A. Young		Analyst	

  The following members, a quorum, were present:

	Mr. Calvin M. Fowler		Chairperson	
	Mr. Fred N. Eichorn		Member	
	Mr. Raymond J. Wagner		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 (Report of Transfer or Discharge) to show award of the Army Commendation Medal and the Bronze Star Medal.  In effect, he also requests award of the Purple Heart.

3.  The applicant states that he received the Army Commendation Medal after he was discharged from the Army by a major from Fort Douglas in Salt Lake City, Utah, but it is not shown on his DD Form 214.  He states that he was also awarded the Bronze Star Medal by a general on Thanksgiving Day in 1969 while his unit was under attack near the Cambodian border.  Further, he states that the general was rushed out while they were under attack, so he never received his medal or orders.  He contends that he was hit with shrapnel on the left side and was treated in the field and his battery commander awarded him the Purple Heart on or about 14 December 1969 in the field at LZ Smith, II Corps, I Field Force, Vietnam.  Also, he states that he received the medal, but he did not receive orders.  In support of his application, he submits photocopies of his DD Form 214, general orders, and a certificate awarding him the Army Commendation Medal.

4.  The applicant’s military records show that he was inducted on 24 January 1968.  He completed basic and advanced individual training and was awarded the military occupational specialty (MOS) 13F (Automatic Weapons Crewman).  In January 1969, he was reclassified as an armorer and served in Panama from June 1968 through April 1969 and in Vietnam from May 1969 through January 1970.  The applicant was honorably discharged in the pay grade E-4 on 17 January 1970.

5.  The applicant’s DD Form 214 does not show the Army Commendation Medal, the Bronze Star Medal or the Purple Heart as authorized awards.

6.  The applicant provided a copy of I Field Force Vietnam Artillery General Orders Number 63, dated 15 January 1970, which awarded him the Army Commendation Medal for meritorious service from 29 January 1969 to 13 January 1970.

7.  There are no orders in the applicant’s service personnel records which show that he was awarded the Bronze Star Medal.  There also is no evidence in his records that he was recommended for award of the Bronze Star Medal.  His DA Form 20 (Enlisted Qualification Record) does not list the Bronze Star Medal in item 41 (Awards and Decorations).

8.  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 which shows he was wounded or treated for wounds as a result of hostile action. His DA Form 20 (Enlisted Qualification Record) does not show any entry in item 40 (Wounds) or list the Purple Heart in item 41 (Awards and Decorations).
9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974.

10.  Army Regulation 600-8-22 provides, in pertinent part, that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. 

11.  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.

CONCLUSIONS:

1.  Orders provided by the applicant show he was awarded the Army Commendation Medal; therefore, he is entitled to correction of his DD Form 214 to show award of the Army Commendation Medal.

2.  There is no evidence of record, and the applicant has provided no evidence, which shows that he was recommended for or awarded the Bronze Star Medal. Therefore, the applicant is not entitled to award of the Bronze Star Medal.

3.  There is no evidence of record, and the applicant has provided no evidence, which shows that he was awarded the Purple Heart or that he was wounded or treated for wounds as a result of hostile action.  Therefore, the applicant is not entitled to award of the Purple Heart.

4.  The applicant was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation; therefore, he is entitled to correction of his records to show this award.

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 showing the individual concerned was awarded the Army Commendation Medal 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:  

CMF___  FNE_____  FJW_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Calvin M. Fowler______
		        CHAIRPERSON

INDEX

CASE ID	AR1999031791	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000517	
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.	107.0020	
2.	107.0014	
3.	107.0015	
4.		
5.		
6.