PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 13 June 2002
         DOCKET NUMBER: AR2002069741


         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
Ms. Wanda L. Waller		Analyst

The following members, a quorum, were present:

Ms. Celia L. Adolphi		Chairperson
Ms. Barbara J. Ellis		Member
Mr. Donald P. Hupman		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.

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2. The applicant requests correction of his DD Form 214 (Report of Transfer or Discharge) with an effective date of 17 October 1967 to show the second digit of his Social Security Account Number (SSAN) as “3” instead of “4.” He also requests that his records be corrected to show two awards of the Bronze Star Medal (correctly known as the Bronze Star Medal with First Oak Leaf Cluster) and corrected to show award of the Purple Heart.

3. The applicant states that his SSAN was mistyped on his DD Form 214 with an effective date of 17 October 1967. He also contends that he was wounded in Vietnam in late September 1969 and that he was hospitalized after stepping on a punji stake. In support of his application, he submits five DD Forms 214.

4. The applicant’s military records show that he was inducted on 20 November 1958. He served as an armor crewman in Korea and was honorably released on 7 November 1960 and transferred to the U.S. Army Reserve. He entered active duty again on 15 November 1961 and served three tours in Germany and three tours in Vietnam as a mechanic. The applicant remained on active duty through continuous reenlistments until he was honorably discharged on 25 February 1976 in the rank of specialist five.

5. Item 3 (Social Security Number) on the applicant’s DD Form 214 with an effective date of 17 October 1967 shows the second digit entry as “4.” The applicant’s five DD Forms 214 do not show the Bronze Star Medal with First Oak Leaf Cluster or the Purple Heart as authorized awards.

6. The applicant’s DA Form 24 (Service Record) covering the period
20 November 1958 through 7 November 1960 shows the entry “3” as the second digit of his SSAN. The applicant’s DD Forms 214 with effective dates of
7 November 1960, 20 December 1961, 8 February 1970 and 25 February 1976 also show the entry “3” as the second digit of his SSAN.

7. There is no evidence in the available records which shows the applicant was recommended for or awarded the Bronze Star Medal. There are no orders for the Bronze Star Medal in the applicant’s service personnel records. Item
41 (Awards and Decorations) on his DA Form 20 (Enlisted Qualification Record) does not show entitlement to any award of the Bronze Star Medal.

8. There is no evidence in the applicant’s service personnel records that he was awarded the Purple Heart or was wounded as a result of hostile action.

9. The applicant’s DA Form 20 (Enlisted Qualification Record) does not reflect entitlement to the Purple Heart and item 40 (Wounds) on his DA Form 20 is blank. The applicant’s name does not appear on the Vietnam Casualty Roster.


10. The applicant’s DD Form 214 with an effective date of 25 February 1976 shows the Vietnam Service Medal as an authorized award. His DA Form 20 (Enlisted Qualification Record) shows that he participated in 7 campaigns during his assignment in Vietnam.

11. The applicant’s DA Form 20 shows that he completed the 4th U.S. Army Noncommissioned Officers Academy in 1971.

12. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.

13. The bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Bronze Star Medal.

14. 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.

15. Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal. Army Regulation 600-8-22 provides, in pertinent part, that a silver service star is authorized in lieu of five bronze service stars.

16. Army Regulation 600-8-22 shows that the Noncommissioned Officer Professional Development Ribbon was established by the Secretary of the Army on 10 April 1981. It is awarded to members of Active Army, Army National Guard, and US Army Reserve soldiers for successful completion of designated NCO professional development courses.

CONCLUSIONS:

1. The applicant’s SSAN was incorrectly entered on his DD Form 214 with an effective date of 17 October 1967, in that, the second digit was entered as “4” instead of “3.” Therefore, his DD Form 214 with an effective date of 17 October 1967 should be corrected at this time.

2. There is no evidence of record, and the applicant has provided no evidence, which shows that he was recommended for or awarded two awards of the Bronze Star Medal. Therefore, the Board determined that there is insufficient evidence on which to base award of the Bronze Star Medal with First Oak Leaf Cluster.

3. There is no evidence of record, and the applicant has provided no evidence, which shows that he was wounded or treated for wounds as a result of hostile action. Therefore, the Board determined that there is insufficient evidence on which to base award of the Purple Heart in this case.

4. The applicant’s DD Form 214 with an effective date of 25 February 1976 shows the Vietnam Service Medal as an authorized award. However, evidence of record shows the applicant participated in seven campaigns during his assignment in Vietnam which are not correctly shown by award of one silver service star and two bronze service stars for wear on his Vietnam Service Medal. Therefore, in accordance with the governing regulation, the applicant is entitled to the Vietnam Service Medal with one silver service star and two bronze service stars and correction of his DD Form 214 to show these awards.

5. The applicant completed the 4th U.S. Army Noncommissioned Officer Academy in 1971. Therefore, the applicant is entitled to correction of his DD Form 214 with an effective date of 25 February 1976 to show award of the Noncommissioned Officer Professional Development Ribbon.

6. 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:

         a. by deleting the second digit entry, “4” in item 3 (Social Security Number) on the DD Form 214 with an effective date of 17 October 1967 of the individual concerned;

         b. by adding the second digit entry, “3” in item 3; and

c. by adding the entries, “Vietnam Service Medal with one silver service star and two bronze service stars” and “Noncommissioned Officer Professional Development Ribbon” in item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214 with an effective date of 25 February 1976.

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

BOARD VOTE:

CLA___ BJE_____ DPH_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Celia L. Adolphi_______
                  CHAIRPERSON

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INDEX

CASE ID	AR2002069741
SUFFIX
RECON
DATE BOARDED	20020613
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	(GRANT)
REVIEW AUTHORITY
ISSUES 1.	100.0900
2.	107.0014
3.	107.0015
4.	107.0000
5.
6.