PROCEEDINGS

	IN THE CASE OF:   

	BOARD DATE:         2 December 1998      
	DOCKET NUMBER:   AC98-09010

	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. Deborah L. Brantley		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. George D. Paxson		Member	
	Mr. John H. Kern		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, in effect, that the Purple Heart reflected on his separation document be authenticated so he can obtain a replacement medal.

3.  Records available to the Board indicate the applicant entered active duty on 23 January 1967 and was assigned to Vietnam as a infantryman in June 1967.  An undated letter, authored by the applicant and contained in his file, indicates he was wounded on Thanksgiving Day in 1967 when his unit encountered a battalion size hostile force.  He notes that his unit sustained major casualties and he “received a superficial wound to [his] left buttock from mortar fire....”  He indicated he was treated in the field.

4.  The 22 November 1967 wound is confirmed in item 40 (wounds) on his DA Form 20 (enlisted qualification record).  His separation document and item 41 (awards and decoration) on his DA Form 20 indicate entitlement to the Purple Heart.  There are, however, no orders confirming the award.

5.  Prior to leaving Vietnam in June 1968, the applicant was awarded an Air Medal, a Bronze Star Medal and the Combat Infantryman.  He was released from active duty on 7 February 1969.

6.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for wounds 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.  Awards of the Purple Heart are generally confirmed in orders issued by the treating medical facility or by an individual’s servicing personnel headquarters.

CONCLUSIONS:

1.  While there appears to be no orders awarding the individual the Purple Heart, entries in official military documents confirm the wound and his entitlement to the Purple Heart.

2.  It is possible that because he was treated in the field during the heat of battle that issuance of orders confirming the award were overlooked.  None the less there is sufficient evidence to confirm his entitlement to the award and appropriate orders should be issued announcing the award.

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 issuing appropriate orders confirming the applicant’s entitlement to the Purple Heart for wounds sustained on 22 November 1967 while in Vietnam.

BOARD VOTE:  

__rvo___  __gdp___  __jhk___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

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		        CHAIRPERSON