PROCEEDINGS

	IN THE CASE OF:     

	BOARD DATE:           25 November 1998                   
	DOCKET NUMBER:   AC98-12077

	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	
	Mr. William Blakely		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 that the Purple Heart be listed on his DD Form 214 (separation document). 

3.  The applicant states that he was awarded the Purple Heart for a shrapnel wound while serving in Vietnam and it is not listed on his DD Form 214.  In support of his contention the applicant provides a Veterans Administration (VA) letter dated 30 September 1970 which shows he was rated 10% for a shrapnel wound received in Vietnam.

4.  The applicant’s military records show that the applicant was inducted into the Army on 11 April 1968 for a period of 2 years.  He was awarded military occupational specialty 11B (Infantryman).  His highest rank attained was specialist four (E-4).

5.  The applicant was assigned to Vietnam to C Company, 2nd Battalion, 8th Infantryman Division, as a rifleman.  He received a fragment wound in his left leg
on 29 May 1969, as indicated on his DA Form 20 (personnel qualification record) and was transferred to Martin Army Hospital, Fort Benning, Georgia.

6.  He completed his medical treatment and remained at Fort Benning.  Upon the expiration of his term of service on 10 April 1970, the applicant was honorably released from active duty and transferred to the USAR Control Group. He had served 2 years of creditable active service.  His ETS medical examination indicated that he had received a shrapnel wound in his left leg.

7.  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.

8.  The same regulation also provides, in pertinent part, that the Combat Infantryman Badge (CIB) is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  The Awards Branch of the Total Army Personnel Command has advised, in similar cases, that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

CONCLUSIONS:

1.  There is no conclusive evidence that the applicant was wounded as a result of hostile action.  However, the personnel records show he received shrapnel wound to his left leg on 29 May 1969, which is supported by the 10% rating he received from the VA.  Also, the applicant’s ETS medical examination indicated that had received a shrapnel wound to his left leg.  Considering all of these factors, the Board reasonably concludes that the applicant was wounded as a result of enemy action and, therefore, is entitled to award of the Purple Heart.

2.  Although the applicant did not raise the issue of entitlement to the CIB, the applicant was assigned to a unit in ground combat as an infantryman and, therefore, is entitled to the CIB.

3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected to show that the individual concerned was awarded the Purple Heart and the CIB. 

2.  That the Department of the Army issue to him a correction to his DD Form 214 listing the Purple Heart and the CIB.

BOARD VOTE:  

__JEV__  _JNS___  __RVO__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AC	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	YYYYMMDD	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.