PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:  2 September 1999
	DOCKET NUMBER:   AR1998007859

	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	
	Ms. Lee Tinsley		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. James M. Alward		Member	
	Mr. Thomas N. Kuhn		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 Award of the Purple Heart (PH).

3.  The applicant states in effect, that he was wounded by a 120 mortar.  That his outfit was attacked by NVA and to the best of his knowledge, there were 71 wounded and 8 killed in his company; 1 killed and 17 wounded in his platoon.  Since he was a platoon sergeant it was part of his duty to help tag the wounded and although he had been hit, his injury wasn’t as severe as the others that were wounded.  In all the commotion he neglected to be tagged for his injury.  He further states that 2-3 days later, his knee swelled to the point of not being able to bend it and he was air evacuated to a hospital in Japan where a piece of metal was surgically removed from behind his knee cap.

4.  The applicant’s military records show that On 16 June 1954, he was inducted in the Regular Army.  From 23 May 1956 to 25 January 1957 the applicant served in the US Army Reserves and reentered the Regular Army on 26 January 1957.  He retired on 1 February 1975 with an honorable characterization of service.
He received the National Defense Service Medal w/1OLC, the Expert Rifle Badge M14, the Expert Rifle M16, the Vietnam Service Medal, the Presidential Unit Citation (2), the Army Occupation Medal (Germany), the Republic of Vietnam Campaign Medal Ribbon w/(60) device, the Republic of Vietnam Gallantry Cross w/Palm Unit Citation Badge (2), Overseas Service Bars (5) and the Good Conduct Medal (6th Award).  He served a total of 5 tours overseas, 2 tours in Germany, 1 tour in Okinawa and 2 tours in Vietnam.

5.  The records show that the applicant served in Vietnam as an Light Weapons Infantryman/Platoon Sergeant until he was wounded and air evacuated on 
6 September 1968 to Camp Zama, Japan and on to Womack Army Hospital, 
Ft. Bragg, NC.  Standard Form 600 (Chronological Record of Medical Care), from Womack Army Hospital, annotates that he was hospitalized from 9 September 1968 to 4 November 1968 for MFW (Multiple Fragment Wound), Right Knee.  His DA Form 20 (Enlisted Qualification Record), item 40, also annotates that he had MFW to his right knee.

CONCLUSIONS:

1.  Based on the applicant sustaining injury to his right knee while on a mission against the enemy in Vietnam and in accordance with the guidance contained in Army Regulation 600-8-22, para 2-8 b(2), dated 25 February 1995, in effect, a wound is defined as an injury to any part of the body from an outside force or agent as a result of an act of any enemy of opposing armed forces.  The wound for which the award is made must have required treatment by a medical officer and records of medical treatment for wounds or injuries received in action must have been made a matter of official record, under today’s standards, he should be entitled to award of the Purple Heart.

2.  Although the applicant did not request additional awards beyond the Purple Heart, all authorized awards on his DA Form 20 are not reflected on his retirement DD Form 214.

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

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing that the individual was awarded the Purple Heart and that the individual’s authorized awards, as listed on DA Form 20, be annotated correctly
and a DD Form 215 be issued to include addition of the Purple Heart.

BOARD VOTE:  

___MP__  ___JA___  __TK____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Margaret K. Patterson__
		        CHAIRPERSON

INDEX

CASE ID	AR1998007859	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990902	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19750201	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT/Plus	
REVIEW AUTHORITY		
ISSUES         1.  107	Purple Heart	
2.  100	Addition of medals listed on DA20 to DD214	
3.		
4.		
5.		
6.