PROCEEDINGS

	IN THE CASE OF:

	BOARD DATE:            24 November 1998                  
	DOCKET NUMBER:   AC98-12075

	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. George D. Paxson 		Chairperson	
	Ms. Celia L. Adolphi 		Member	
	Mr. Robert W. Garrett		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.

3.  The applicant states, in effect, he sustained a shrapnel wound to his right leg in Vietnam in 1968.  In support of his application, he submits a copy of a VA Form 21-6796c (Rating Decision Codesheet) and VA Form 21-4138 (Statement in Support of Claim). 

4.  The applicant’s military records show he enlisted on 12 November 1965, served in Vietnam from 21 March 1967 through 11 August 1968, and was separated in the grade of E-5 with an honorable discharge on 14 August 1968.    

5.  The applicant’s DD Form 214 (Report of Transfer or Discharge) does not show the Purple Heart as an authorized award.  The Board notes the applicant was awarded the Meritorious Unit Commendation, the Vietnam Cross of Gallantry with Palm Unit Citation and the Vietnam Civil Actions Honor Medal First Class Unit Citation which are also not shown on his DD Form 214.

6.  The applicant’s medical records show he sustained a “Small superficial FW anterior thigh” [small superficial fragment wound anterior thigh” on 6 February 1968 in Vietnam.

7.  The applicant was awarded the Meritorious Unit Commendation by Department of the Army General Order 48, dated 1968.

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

9.  The applicant was awarded the Vietnam Civil Actions Honor Medal First Class Unit Citation by Department of the Army General Order Number 43, dated 1970.

10.  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.  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.

CONCLUSIONS:

1.  Medical evidence of record shows the applicant was wounded in combat on
6 February 1968 in Vietnam; therefore, he is entitled to award of the Purple Heart.

2.  The applicant was awarded the Meritorious Unit Commendation, the Vietnam Cross of Gallantry with Palm Unit Citation and the Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to correction of his military 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 Meritorious Unit Commendation, the Vietnam Cross of Gallantry with Palm Unit Citation and the Vietnam Civil Actions Honor Medal First Class Unit Citation. 

BOARD VOTE:  

GDP____  CLA_____  RWG___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AC98-12075	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19981124	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19680814	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.