PROCEEDINGS

	IN THE CASE OF:        

	BOARD DATE:            9 December 1998    
	DOCKET NUMBER:   AC98-12012

	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.	Deyon D. Battle		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 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 the award of the Purple Heart.

3.  The applicant states that prior to his discharge he was awarded the PH, however, the award was never received.  In support of his appeal the applicant submits an official statement from the Office of the Adjutant General and the Adjutant General Center dated 9 September 1975, indicating that he is entitled to the Purple Heart.

4.  The applicant’s military records show that on 24 August 1964, he enlisted in the Army for 3 years.  He successfully completed his training as a construction specialist.  He was honorably discharged on 7 August 1967 after he completed 2  years, 11 months and 14 days of total active service.  On 26 January 1968, he reenlisted for 3 years.  

5.  A review of the records reveal that on 12 March 1968, while in Vietnam, he was slightly wounded as a result of hostile action.  He received minor burns to his right arm, left leg and right buttock.  He was treated by physician and hospitalized.

6.  The records further reveal that on 9 September 1975, the US Army Reserve Personnel Center issued the applicant the award of the Purple Heart.

7.  Army Regulation (AR) 600-8-22 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 record shows that applicant was wounded as a result of hostile action on 12 March 1968.  He was treated and hospitalized for the wounds that he received.

2.  Therefore, in accordance with AR 600-8-22, he should have been awarded the Purple Heart and the award should have been reflected on his DD Form 214.

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:  

___jh____  __fe____  ___tbr___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON