PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:          25 November 1998    
	DOCKET NUMBER:   AC98-11795

	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. James E. Vick		Chairperson	
	Mr. John N. Slone		Member	
	Mr. Raymond V. O’Connor, Jr.		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.  He states he received the medal while in Vietnam and submits a copy of the Army casualty report.

3.  Records indicate he entered active duty on 8 April 1969 and was assigned to Vietnam as an infantryman in September 1969.  On 26 August 1970 he was slightly wounded in action when an aircraft crashed into his position.  He received treatment at the 23rd Medical Battalion.

4.  He was released from active duty on 7 April 1971.  His separation document does not reflect entitlement to the Purple Heart.

5.  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.

CONCLUSIONS:

1.  The evidence confirms the applicant was wounded on 26 August 1970 while in Vietnam and as such is entitled to 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 awarding the individual concerned the Purple Heart for wounds sustained on 26 August 1970 while in Vietnam.

BOARD VOTE:  

___JEV_  ___JNS_  __RVO___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON