PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            3 May 2000                  
	DOCKET NUMBER:   AR1999031801

	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. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. John H. Kern		Member	
	Mr. Ernest W. Lutz, 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, in effect, correction of his military records to show award of the Purple Heart and the World War II Victory Medal. 

3.  The applicant provided two applications.  He states, in effect, that he was treated at a field hospital in Vietnam between June 1968 and October 1968 and that orders were not issued for the Purple Heart due to the war conditions.  He also contends that he was issued the World War II Victory Medal in 1947 and this award is not entered on his discharge document.  

4.  The applicant’s military records show that he completed 20 years of service on 30 April 1966 when he retired in the rank of staff sergeant.  He was recalled to active duty on 1 September 1967 for a period of 3 years.  He served as a general supply specialist in Vietnam from 5 October 1967 through 4 October 1968 and was released from active duty and reverted to a retired status on 31 August 1970.

5.  The applicant’s DD Form 214 (Report of Transfer or Discharge) covering the period 1 September 1967 through 31 August 1970 does not show the Purple Heart as an authorized award.  The applicant’s WD AGO Form 53 (Enlisted Record and Report of Separation) with an effective date of 27 April 1949 does not show the World War II Victory Medal as an authorized award.   

6.  There are no orders in the available records which shows that the applicant was awarded the Purple Heart.  There also is no evidence in his records that 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).  

7.  DA Form 1577 (Authorization for Issuance of Awards), dated 3 December 1999, shows the National Personnel Records Center in St. Louis, Missouri,  determined the applicant was entitled to the World War II Victory Medal.

8.  Army Regulation 600-8-22 (Military Awards) 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 was treated at a field hospital in Vietnam between June 1968 and October 1968.  However, there is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he was injured or wounded as a result of hostile action in Vietnam.
2.  Evidence of record shows the applicant signed his DD Form 214 with an effective date of 31 August 1970 attesting to the fact he was not entitled to 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 was awarded the World War II Victory Medal; therefore, he is entitled to correction of his military 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 that the individual concerned was awarded the World War II Victory Medal.

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

BOARD VOTE:  

RVO__  JHK_____  EWL_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Raymond V. O’Connor, Jr.
		        CHAIRPERSON

INDEX

CASE ID	AR1999031801	
SUFFIX		
RECON		
DATE BOARDED	20000503	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19700831	
DISCHARGE AUTHORITY	AR 601-250  	
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.	107.0066	
3.		
4.		
5.		
6.