PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:            10 August 2000                  
	DOCKET NUMBER:    AR1999034499

	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. W. E. Schnupp		Analyst	

  The following members, a quorum, were present:

	Mr. Mark D. Manning		Chairperson	
	Mr. John Saputo		Member	
	Ms. Karen A. Heinz		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, that his separation document (DD Form 214) be corrected to show his awards and his correct date of birth and military occupational specialty (MOS).

3.  The applicant states, in effect, that he has marked the errors on his              DD Form 214.

4.  In support of his request, he has provided a copy of his DD Form 214, copies of general orders awarding him the Silver Star, the Bronze Star Medal with “V” Device and the Purple Heart with Four Oak Leaf Clusters.

5.  The applicant’s military records show that he was inducted on 5 April 1967.  The date of birth on his Record of Induction is 17 August 1948, the same date is reflected on his Enlisted Qualification Record (DA Form 20).  He served in Vietnam from October 1967 to September 1968 in duty MOS’s 11C (Ammo Bearer), 11B (Scout Observer) and 11H (Gunner) and was promoted to specialist-four on 10 March 1968 in MOS 11H.  He was honorably discharged in the grade of specialist-four on 21 November 1968.

6.  Awards shown on his DD Form 214 include the National Defense Service Medal, the Vietnam Campaign Medal, the Vietnam Service Medal, the Purple Heart, the Combat Infantryman Badge and the Expert Badge with M-14 Rifle Bar. On 9 March 1981 a DD Form 215, (Correction of DD Form 214) was issued showing that he was also entitled to the Silver Star and the Purple Heart with First Oak Leaf Cluster.

7.  On 17 July 1999, the Command US Army Support Activity, issued the applicant the following awards: the Silver Star, the Bronze Star Medal with “V” Device, the Purple Heart with Four Oak Leaf Clusters, the National Defense Service Medal, the Vietnam Service Medal, the Combat Infantryman Badge, the Vietnam Campaign Medal with 60 Device and the Expert Badge with Rifle and Machine Gun Bars.  Additionally, the applicant was advised that he was entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation which is not an item of issue by the Army.

8.  The applicant’s previous appeal to this Board to show that he was discharged in pay grade E-5 instead of pay grade E-4 was denied on 17 December 1980.

CONCLUSIONS:

1.  The record shows that one of the applicant’s three duty MOS’s while in Vietnam was 11H.  The record further shows that he was promoted to the grade of specialist-four in that MOS; therefore, it is believed that reflecting MOS 11H in Block 23a of his DD Form 214, as is currently the case, is correct.

2.  Despite an order furnished by the applicant showing that he was awarded the Purple Heart with Four Oak Leaf Clusters his record discloses that he was wounded on two occasions (29 April and 24 August 1968) while serving in Vietnam.  Therefore, the DD Form 215 showing that he is entitled to the Purple Heart with One Oak Leaf Cluster is correct.  No effort will be made to reflect Four Oak Leaf Clusters in his records despite the fact that the US Army Support Activity may have already issued him a Purple Heart with Four Oak Leaf Clusters.

3.  The other awards to which he is entitled but which are not reflected on his       DD Form 214 or DD Form 215 are the Bronze Star Medal with “V” Device, the Expert Badge with Machine Gun Bar and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  

4.  Based on documents in his records, it appears that the date of birth currently shown on DD Form 214, 17 August 1947, is incorrect.  It should be listed as      17 August 1948.

5.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by:

	a.  showing that the individual concerned was awarded the Bronze Star Medal with “V” Device, the Expert Badge with Machine Gun Bar and the Republic of Vietnam Gallantry Cross with Palm Unit Citation;  

	b.  correcting his date of birth to 17 August 1948; and 

	c.  issuing an appropriate correction to his records reflecting the above changes.

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

BOARD VOTE:  

__mdm__  ___js ___  ___kah__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__________Mark D. Manning_______
		        CHAIRPERSON

INDEX

CASE ID	AR1999034499	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000810	
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.  100.05		
2.   107.00		
3.   		
4.		
5.		
6.