PROCEEDINGS

	IN THE CASE OF:.

	BOARD DATE:           4 November 1998    
	DOCKET NUMBER:   AC98-10426

	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:

	Mr. James E. Vick		Chairperson	
	Mr. Luther L. Santiful		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 correction of his DD Form 214 (Report of Transfer or Discharge) to show award of the Purple Heart and Bronze Star Medal (BSM).

3.  The applicant states, in effect, he sustained a shell fragment wound in combat in Vietnam on 24 May 1971.  He also contends he was awarded the BSM on 22 November 1971.  In support of his application, he submits copies of medical documentation and orders for the BSM.
 
4.  The applicant’s military records show he was inducted and entered active duty on 12 August 1970.  He served as a light weapons infantryman in Vietnam from 19 January 1971 through 6 January 1972 and was separated in the grade of E-4 with an honorable discharge on 15 February 1972. 

5.  The applicant’s DD Form 214 does, which was authenticated in his own hand, does not show the Purple Heart or the BSM as authorized awards.   

6.  The applicant provided a Standard Form 600 (Chronological Record of Medical Care), dated 24 May 1971, which shows he sustained a fragment wound to his back during “Mad Minute” which is a test firing of weapons.  There is no evidence this injury is a result of hostile action.  Informal coordination with the Awards Branch of the Total Army Personnel Command reveals that the applicant’s name is not listed on the Vietnam Casualty Roster.
    
7.  Headquarters, 101st Airborne Division (Airmobile) General Orders Number 10925, dated 22 November 1971, show the applicant was awarded the Bronze Star Medal for meritorious service in connection with military operations against a hostile force in the Republic of Vietnam during the period January 1971 to January 1972.

8.  Army Regulation 600-8-22 (Military Awards) 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.  This regulation also provides, in pertinent part, for award of the Purple Heart to individuals wounded or killed as a result of “friendly fire” in the “heat of battle” as long as the “friendly” projectile or agent was released with the full intent of inflicting damage or destroying enemy troops or equipment.

CONCLUSIONS:

1.  Contrary to the applicant’s contention that he was wounded in combat in Vietnam, medical evidence of record shows the applicant sustained a fragment wound during a test firing of weapons exercise on 24 May 1971.  The Board determined the applicant’s wound was a result of “friendly fire” not in the “heat of battle” and the “friendly” projectile or agent was not released with the full intent of inflicting damage or destroying enemy troops or equipment.  Therefore, he is not entitled to award of the Purple Heart.

2.  The applicant was awarded the BSM; therefore, he is entitled to correction of his DD Form 214 to show this award.

3. 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 showing that the individual concerned was awarded the BSM.

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

BOARD VOTE:  

JEV_____  LLS_____  TNK____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON