PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            6 January 1999                      
	DOCKET NUMBER:   AC98-11935
                                              AR1999014589

	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.  The following members, a quorum, were present:

	Mr.	Thomas D. Howard, Jr.		Chairperson	
	Mr.	Luther L. Santiful		Member	
	Mr.	Curtis W. Barbee		Member	

	Also present, without vote, were:

	Mr.	Loren G. Harrell		Director	
	Ms.	Deyon D. Battle		Analyst	

	The applicant and counsel if any, did not appear before the Board.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	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 that his Report of Transfer or Discharge (DD Form 214) be corrected to show that he was awarded the Purple Heart (PH).

3.  The applicant states that his DD Form 214 should be corrected to reflect the PH because it was erroneously omitted.  In support of his appeal, he submits a copy of a telegraph dated 4 August 1968, indicating that he was wounded as a result of hostile action.

4.  The applicant’s military records show that on 21 July 1967, he enlisted for 3 years in the pay grade of E-1.  He successfully completed his training as a light weapons infantryman and he was subsequently transferred to Vietnam. 

5.  His awards include the Bronze Star Medal, the Combat Infantryman Badge, the National Defense Service Medal, the Vietnam Service Medal w/6 Bronze Service Stars, and the Vietnam Campaign Medal w/60 Device. 

6.  The available records show that on 3 August 1968, the applicant received fragment wounds to his face, right arm and chest as a result of hostile action while he was in Vietnam.  The record further reveals that, although not seriously wounded, he was hospitalized and treated for his injuries.

7.  He was honorably discharged on 20 July 1970, at the expiration of his term of service.  He had completed 3 years of total active service.

8.  Army Regulation 600-8-22 provides, in pertinent part, that the primary requirement for award of a decoration is that a formal recommendation be prepared and introduced into official military channels within 2 years of the act, achievement, or service to be recognized.  The sole exception to the 2-year time limit occurs when there is conclusive evidence that a formal recommendation was submitted but was lost, or through inadvertence was never acted on by proper authority.

9.  That regulation also provides that the Purple Heart is awarded for a wound sustained as a direct 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 of record substantiates the applicant’s contention that he was awarded the PH and it was erroneously omitted from the DD Form 214.

2.  He was wounded as a result of hostile action and he was hospitalized for his injuries while he was in Vietnam.  He was awarded the PH and his DD Form 214 should be corrected to reflect his 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 amending the DD Form 214 of the individual concerned to show that he was awarded the Purple Heart. 

BOARD VOTE:  

___tdh____  __lls___  ___cwb__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AC98-11935/AR1999014589	
SUFFIX		
RECON	 	
DATE BOARDED	1999/01/06	
TYPE OF DISCHARGE	 	
DATE OF DISCHARGE	 	
DISCHARGE AUTHORITY	 	
DISCHARGE REASON		
BOARD DECISION	 GRANT 	
REVIEW AUTHORITY		
ISSUES         1.  107.00		
2.  100.00		
3.		
4.		
5.		
6.