PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:                              
	DOCKET NUMBER 

	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. Rosa M. Chandler		Analyst	

  The following members, a quorum, were present:

	Mr. James E. Vick 		Chairperson	
	Mr. Margaret K. Patterson		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 correction of his records to show award of the Purple Heart.

3.  The applicant states he was awarded the Purple Heart after he was wounded in combat and the award is not shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

4.  The applicant’s military records show he was inducted into the Army of the United States on 29 November 1967 and he completed basic and advanced individual training and was awarded military occupational specialty (MOS)
11B (Light Weapons Infantryman).  He served in the Republic of Vietnam (RVN) from 20 May - 28 September 1968.  He was honorably discharged on
15 December 1969.

5.  The applicant’s personnel record contains a DA Form 20 (Enlisted Qualification Record), item 40 of that record shows the entry “GSW [gunshot wound]: CHEST” on 19 September 1968.  A SG Form 84-R (Clinical Record Cover Sheet) shows the entry “gunshot wound, right chest, IRHA [injury as a result of hostile action],” and “contusion right lung.” on 19 September 1968.

6.   The applicant was awarded the Vietnam Cross of Gallantry with Palm Unit Citation by Headquarters Department of the Army General Orders Number
48, dated 1971.

7.  The applicant was also awarded the Vietnam Civil Actions Honor Medal First Class Unit Citation by Headquarters Department of the Army General Orders Number 51, dated 1971.  

8.   However, the applicant’s DD Form 214 does not show the Purple Heart as an authorized award.  Further, the Board noted that the applicant’s DD Form 2l4 also does not show the award of the Vietnam Cross of Gallantry with Palm Unit Citation and the Vietnam Civil Actions Honor Medal First Class Unit Citation.

9.  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.  Sustaining 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.  There is no evidence of record which shows that the applicant was awarded the Purple Heart; however, official records show that the applicant was wounded as a result of hostile action on 19 September 1968, and received medical treatment for his wound.  Therefore, the applicant is entitled to award of the Purple Heart and correction of his records to show this award.

2.  The applicant was awarded the Vietnam Cross of Gallantry with Palm Unit Citation and the Vietnam Civil Actions Honor Medal First Class Unit Citation.  However, these awards were granted after his separation from active duty, and were not reflected on his separation documents.  Accordingly, the applicant is now entitled to correction of his records to show these awards. 

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 showing that the individual concerned was awarded the Purple Heart, the Vietnam Cross of Gallantry with Palm Unit Citation and the Vietnam Civil Actions Honor Medal First Class Unit Citation.

BOARD VOTE:  

JEF_____  MKP_____  JHK____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AC98-12009	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	1990127	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19691215	
DISCHARGE AUTHORITY	AR635-200  	
DISCHARGE REASON	Expiration Term of Service	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	Request award of the Purple Heart 	
2.		
3.		
4.		
5.		
6.