PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:            9 December 1998
	DOCKET NUMBER:   AC98-09996

	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. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Ms. June Hajjar		Chairperson	
	Mr. Fred N. Eichorn		Member	
	Mr. Thomas B. Redfern, III		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 correction of his military records to show award of the Purple Heart.

3.  The applicant states that, in effect, he sustained a blast injury to his left ear and jaw during a mortar attack in Vietnam in February 1969.  In support of his application, he submits copies of his service medical records from 1969 and 1970 and a letter of explanation.  

4.  The applicant’s military records show he enlisted on 6 February 1968, served as a radio operator in Vietnam from 18 August 1968 through 15 August 1969, and was separated in the grade of E-5 with an honorable discharge on 
5 February 1971. 

5.  The applicant’s DD Form 214 (Report of Transfer or Discharge) does not show the Purple Heart as an authorized award. 

6.  The applicant provided a copy of a Standard Form 600 (Chronological Record of Medical Care), dated 24 February 1969, which shows he sustained a blast injury to his left ear during a mortar attack in Vietnam on 23 February 1969.  The applicant’s separation medical examination, dated 11 December 1970, shows the entry “FW to R jaw” [fragment wound to right jaw] in item 39 (Physican’s Summary and Explanation of All Pertinent Data).

7.  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.

CONCLUSIONS:

1.  Medical evidence of record shows the applicant was wounded in combat on
23 February 1969 in Vietnam.  Therefore, he is entitled to correction of his military records to show award of the Purple Heart.

2.  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 concerned was awarded the Purple Heart.

BOARD VOTE:  

JH______  FNE_____  TBR____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AC98-0996/AR1998012296	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19981209	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19710205	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.