PROCEEDINGS

	IN THE CASE OF:     

	BOARD DATE:            1 June 2000                  
	DOCKET NUMBER:   AR1999033617

	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	
	Mr. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. James C. Hise		Chairperson	
	Mr. Raymond V. O’Connor, Jr.		Member	
	Mr. Melvin H. Meyer		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 award of the Purple Heart, the Parachutist Badge, the Expert Marksmanship Badge with Rifle Bar, the Sharpshooter Marksmanship Badge for an unspecified weapon, and the Republic of Vietnam Campaign Medal with 1960 Device and two Oversea Service Bars.

3.  The applicant states that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show the “combat injury to [his] right hand.”  In support of his application, the applicant submitted a copy of his DD Form 214 with an effective date of 27 January 1970, a copy of his DA Form 20 (Enlisted Qualification Record), one page of a copy of a 14 December 1970 Department of Veterans Affairs (DVA) rating decision, and one page of a medical record.

4.  The applicant’s military records show that he entered active duty on 16 June 1967 and was discharged on 20 July 1967 for being a minor.  He reentered active duty on 10 August 1967 and completed training in military occupational specialty (MOS) 05B (radio operator).  He served in Vietnam from 20 December 1968 to 25 January 1970.  The applicant was separated on 27 January 1970 with a general discharge.

5.  The applicant’s has two DD Forms 214 in his service personnel records.  The first one covers his service from 16 June 1967 through 20 July 1967 and shows no entitlement to any awards or badges.

6.  The DD Form 214 with an effective date of 27 January 1970 covers his period of service in Vietnam.  This discharge document only shows entitlement to the National Defense Service Medal and the Vietnam Service Medal.

7.  There are no orders in the applicant’s service personnel records which show that he was awarded the Purple Heart.  The applicant authenticated his discharge at the time of his separation from the Army which attested to the fact that he was not entitled to the Purple Heart.  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).  The applicant’s separation medical examination which was conducted on 29 December 1969 makes no reference to a wound or other injury resulting from hostile action.

8.  The applicant provided a medical record which does not identify the individual being treated.  The record shows treatment on 12 December 1969 at the 1st Battalion 16th Infantry aid station for a sore on the patient’s right hand.  This medical record shows that, when debridement of the sore occurred, a fragment was noted and removed.  Based on this record, the DVA awarded the applicant a disability rating at “0” percent for scar of the right hand determined to be the residual of a fragment wound.

9.  Records show the applicant was assigned to the communications platoon of a Headquarters and Headquarters Company of the 1st Battalion 16th Infantry.  Records also show that, prior to treatment for the sore on his right hand, he was performing duties as a switchboard and radio operator in the battalion rear operations center collocated in a major base camp with the 1st Infantry Division Headquarters, that he also performed guard at this major base camp, and that he was in this garrison area being processed for discharge under the provisions of Army Regulation 635-212 for unsuitability.  There is no evidence that the applicant was participating in combat operations prior to the treatment of the sore on his hand.

10.  The applicant’s DA Form 20 shows in item 41 (Awards and Decorations) that he was awarded the Parachutist Badge by The Student Brigade (Fort Benning, Georgia) Special Order 45, dated 21 February 1968.  This qualification Badge is not shown on the applicant’s DD Form 214 covering this period of service.

11.  The applicant’s DA Form 20 shows in item 41 that he was entitled to the Republic of Vietnam Campaign Medal with 1960 Device.

12.  The applicant’s DA Form 20 shows in item 41 that he was entitled to two Oversea Service Bars.

13.  The applicant’s DA Form 20 shows that he was entitled to the Expert Marksmanship Badge with Rifle Bar for qualifying on the M-16 Rifle on 11 September 1968.  The applicant’s DA Form 20 also shows that he was entitled to the Sharpshooter Marksmanship Badge with Rifle Bar for qualifying on the M-14 Rifle on 2 October 1967.

14.  The Board notes that the applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award, but does not show award of bronze service stars for campaign participation.  Based on the applicant’s dates of service in Vietnam, Table B-1 of Army Regulation 600-8-22 shows that he served in four campaigns during his assignment in Vietnam.  This same regulation authorizes one bronze service star to be worn on the Vietnam Service Medal for each campaign in which the applicant participated.

15.  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 2, dated 1970.

16.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) also shows the applicant is entitled to award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 53, dated 1970.
17.  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.  The applicant provided a medical record showing treatment for a sore on his right hand which, upon treatment, revealed a fragment.  There is no evidence that the applicant sustained this sore as a result of hostile action.  The Board also noted that the applicant authenticated his discharge indicating that he was not entitled to award of the Purple Heart at the time of his discharge.  Based on the foregoing, the Board concluded that the applicant is not eligible for award of the Purple Heart.

2.  Orders show the applicant was awarded the Parachutist Badge; therefore, he is entitled to correction of his records to show this badge.

3.  Evidence of record shows the applicant was entitled to the Republic of Vietnam Campaign Medal with 1960 Device, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, two Oversea Service Bars, the Expert Marksmanship Badge with Rifle Bar and the Sharpshooter Marksmanship Badge with Rifle Bar.  Therefore, he is entitled to correction of his records to show these awards and badges.

4.  During the applicant’s service in Vietnam, he participated in four campaigns; therefore, he is entitled to award of four bronze service stars to be worn on his Vietnam Service Medal and correction of his DD Form 214 to show these awards.

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 Parachutist Badge, the Republic of Vietnam Campaign Medal with 1960 Device, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, two Oversea Service Bars, the Expert Marksmanship Badge with Rifle Bar, the Sharpshooter Marksmanship Badge with Rifle Bar, and four bronze service stars to be worn on his Vietnam Service Medal.
2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

________  ________  ________  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999033617	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	YYYYMMDD	
TYPE OF DISCHARGE	GD	
DATE OF DISCHARGE	19700127	
DISCHARGE AUTHORITY	AR 635-212. . . . .  	
DISCHARGE REASON	UNSUITABILITY	
BOARD DECISION	GRANT	
REVIEW AUTHORITY	MR SCHNEIDER	
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.