PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:                19 May 1999
	DOCKET NUMBER:        AR1999014808

	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. Loren G. Harrell		Director	
	Mr. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Robert G. Hinkle		Member	
	Mr. Roger W. Able		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 records to show award of the Purple Heart.

3.  The applicant states that his DD Form 214 (Report of Transfer or Discharge) does not show that he was a recipient of the Purple Heart.  He contends that, while in Vietnam, he “was hit in the left shoulder with a shell and was awaded the Purple Heart.  He also states that he received 20 percent service connected disability and severance pay for this injury.

4.  The applicant’s military records show that he was inducted on 10 June 1969 and completed training as a field artillery crew member.  He served in Vietnam from 7 November 1969 to 24 October 1970.  The applicant was honorably discharged on 6 August 1971 with entitlement to disability severance pay.

5.  The applicant’s DD Form 214 does not show the Purple Heart as an authorized award.  There are no orders in the applicant’s service personnel records which show that he was awarded the Purple Heart.  There is no indication in the applicant’s records that he was wounded or treated for wounds as a result of hostile action.

6.  The applicant’s personnel records contain a copy of the medical evaluation board proceedings.  This document states that the applicant had been in Vietnam for approximately 6 ½ months before developing pain in the chest followed by weakness and unconsciousness.  For three weeks he suffered high spiking fevers, delirium and coma and was diagnosed with marine typhus.  He was treated at the 12th evacuation hospital and the 6th Convalescent Center in Vietnam.  He returned to his unit and completed his assignment in Vietnam.  Upon reassignment to Fort Hood, Texas, the applicant again suffered chest pains and was diagnosed with intercostal neuralgia which was the basis for his disability separation.

7.  Review of the applicant’s records revealed that he received two awards of the Bronze Star Medal, but only one award is shown on his DD Form 214.  The applicant received the first award of the Bronze Star Medal for meritorious service from November 1969 to November 1970 by 25th Infantry Division General Orders Number 9671, dated 18 September 1970.  He received the Bronze Star Medal (First Oak Leaf Cluster) for meritorious achievement from 1 September 1970 to 24 October 1970 by 25th Infantry Division General Orders Number 10639, dated 28 October 1970.

8.  Review of the applicant’s records also show that he received the first award of the Good Conduct Medal, but it is not shown as an authorized award on his DD Form 214.  The applicant was awarded the Good Conduct Medal by United States Army Medical Department Activity (Fort Hood, Texas) General Orders Number 92, dated 30 July 1971.
9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Vietnam Cross of Gallantry with Palm Unit Citation based on Department of the Army General Order Number 5, dated 1973.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Order Number 51, dated 1971.

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.  There is no evidence, and the applicant has provided no evidence, to show he was awarded the Purple Heart.  There is no medical evidence showing the applicant was wounded or treated for wounds due to hostile action.  Contrary to his contention that he received service connected disability for a shoulder wound, the evidence of record shows that he was diagnosed with intercostal neuralgia.  Therefore, the applicant is not entitled to award of the Purple Heart.

2.  The applicant received two awards of the Bronze Star Medal; therefore, he is entitle to correction of his records to show the Bronze Star Medal with First Oak Leaf Cluster.

3.  The applicant was awarded the Good Conduct Medal; therefore, he is entitled to correction of his records to show this award.

4.  The applicant is entitled to award of the Vietnam Cross of Gallantry with Palm Unit Citation and the Vietnam Civil Actions Honor Medal First Class Unit Citation; therefore, he is entitled to correction of his records 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 Bronze Star Medal with First Oak Leaf Cluster, the Good Conduct Medal, the Vietnam Cross of Gallantry with Palm Unit Citation and the Vietnam Civil Actions Honor Medal First Class Unit Citation.

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

BOARD VOTE:  

JNS_____  RGH____  RWA____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		John N. Slone_________
		CHAIRPERSON

INDEX

CASE ID	AR1999014808	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990519	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19710806	
DISCHARGE AUTHORITY	AR 635-40. . . . .  	
DISCHARGE REASON	DISABILITY WITH SEVERANCE PAY	
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY	MR SCHNEIDER	
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.