PROCEEDINGS

	IN THE CASE OF:   

	BOARD DATE:      4 March 1998
	DOCKET NUMBER:   AC97-09046

	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.  The following members, a quorum, were present:

	Ms.	Karen J. Newsome		Chairperson	
	Mr.	Raymond V. O’Connor, Jr.		Member	
	Ms.	Margaret K. Patterson		Member	

	Also present, without vote, were:

	Mr.	Karl F. Schneider		Acting Director	
	Mr.	Jessie B. Strickland		Examiner	

	The applicant and counsel if any, did not appear before the Board.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	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 that his records be corrected to show that he was awarded the Purple Heart for shrapnel wounds he received in combat in Vietnam on 6 October 1971.

3.  The applicant states that he was wounded in Vietnam on 6 October 1971 and was airlifted to the rear area and treated by medical personnel for his wounds.  He further states that the metal fragmentation still remains in his left thigh and can be confirmed by x-rays.  He also states that he was never given a Purple Heart Medal because his unit returned to the North early the next day. 

4.  The applicant’s records show that the applicant enlisted on 28 February 1970 for a period of 3 years.  He successfully completed his training as a medical corpsman and was transferred to Fort Bragg, North Carolina.  He continued serve there until he was transferred to Vietnam on 19 March 1971.

5.  On 6 October 1971, while serving in the pay grade of E-4 with C Company, 187th Infantry, the applicant was treated at the 326th Medical Battalion for a fragmentation/shrapnel wound to the left thigh.  He was treated and informed to return for follow-up treatment the following day; however, there is no indication in the available records to show that he returned to have the shrapnel removed.  There are VA records however, which are dated 14 July 1972 which indicate that X-rays show that the fragmentation/shrapnel is still present in his thigh. 

6.  He continued to serve in Vietnam until he was transferred to Fort Lewis, Washington on 3 March 1972, where he was honorably released from active duty and transferred to the USAR Control Group (Annual Training). 

7.  A review of the applicant’s records failed to show that the applicant was ever awarded the Purple Heart for his wounds.

8.  Army Regulation 672-5-1, in effect at the time, 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 by a medical officer, and the medical treatment must have been made a matter of official record.  

CONCLUSIONS:

1.  The applicant’s medical records clearly show that he was wounded in action by the enemy on 6 October 1971 while serving in Vietnam.  Accordingly, he meets the criteria for award of the Purple Heart.

2.  In view of the foregoing, it would be appropriate to correct the applicant’s records as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was wounded in action by the enemy in Vietnam on 6 October 1971 and was awarded the Purple Heart.         

BOARD VOTE:  

                       GRANT AS STATED IN RECOMMENDATION

                       GRANT FORMAL HEARING

                       DENY APPLICATION

		                           
		        CHAIRPERSON