PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           29 JANUARY 2002
	DOCKET NUMBER:   AR2001063771

	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. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. Melvin H. Meyer		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.  In effect, the applicant is requesting award of the Purple Heart.  In so doing, he states that his DD Form 214 is incorrect concerning his AWOL time, implying that it should be corrected. 

3.  The applicant states that his DD Form 214 shows that he was AWOL for almost a year from 1969 to 1970, and also indicates that he was AWOL, when he was actually hospitalized as a result of being wounded.  A Member of Congress has proof that he was in the 8th Field Hospital in Nha Trang, Vietnam.    

4.  Incorporated herein by reference are military records which were summarized in a memorandum prepared to reflect the Board's original consideration of his case on 1 August 2000 in which he requested award of the Purple Heart (AR1999034709).

5.  The applicant was arraigned, tried, and convicted for AWOL from                    11 August 1968 to on or about 18 August 1968, by a special court-martial which convened at Fort Leonard Wood, Missouri on 14 October 1968.

6.  Morning report entries of Troop C, 2nd Squadron, 1st Cavalry, the applicant’s unit in Vietnam, show that the applicant departed for the 8th Field Hospital on       15 October 1969, that he departed AWOL from that hospital on 27 October 1969, and returned from AWOL on 14 November 1969.  An entry also shows that he again departed for the 8th Field Hospital on 17 November 1969. 

7.  On 3 February 1970 the applicant received nonjudicial punishment under Article 15, UCMJ, for AWOL from 30 December 1969 to 18 January 1970.

8.  In a 24 February 1970 letter to the squadron commander commenting on the applicant’s conduct and efficiency, the applicant’s commanding officer stated that during the extremely short time he was here, he continually demonstrated a surly attitude and showed no desire whatsoever to perform in a minimal fashion.  He stated that the applicant had been literally ridden with venereal disease since he [the commanding officer] had the troop.  He was gone, allegedly to the hospital, for an extended amount of time, but did manage to get back in time for his DEROS (date to return to the United States).

9.  The applicant’s DD Form 214 shows that he was released from active duty on 4 March 1970 with 1 year, 9 months, and 19 days of service.  Item 26a of that form shows that he had non pay periods of time lost from                                      12 August – 18 September 1968, and from 18 January 1968 – 5 January 1969.  Item 30, the remarks section of that form shows that he had 55 days time lost from 12 August 1968 – 18 September 1968.  It also shows an entry, by itself,        “18 Jan 68-5 Jan 69.” 

10.  There is no evidence in the applicant’s records that shows that he was wounded in action.  The applicant has not provided any such evidence.  

CONCLUSIONS:

1.  The applicant was not wounded in action.  He is not entitled to award of the Purple Heart.

2.  The applicant’s DD Form 214 is incorrect regarding his periods of AWOL and his total days of AWOL.  Consequently, item 26a of that form should be corrected to show the following non-pay periods of time lost:  11 August 1968 through       17 September 1968; 27 October 1969 through 13 November 1969; and              30 December 1969 through 17 January 1970.  Item 30, Remarks, of that form should be corrected to delete the entry concerning 55 days time lost, and the entry, “18 Jan 68-5 Jan 69,” and the entry showing 75 days of time lost and the entries concerning his correct periods of AWOL, as reflected above, be substituted thereof. 

3.  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 showing that the applicant was AWOL from 11 August 1968 through 17 September 1968; 27 October 1969 through 13 November 1969; and             30 December 1969 through 17 January 1970; for a total of 75 days of time lost. 

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

BOARD VOTE:  

__AAO__  ___MHM_  __KAH__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Arthur A. Omartian___
		        CHAIRPERSON

INDEX

CASE ID	AR2001063771	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020129	
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.	100.00	
2.	110.00	
3.	107.00	
4.	261	
5.		
6.