PROCEEDINGS

	IN THE CASE OF:   

	BOARD DATE:           6 January 1999          
	DOCKET NUMBER:   AC98-12120
				   AR1998014523

	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 he be awarded the Purple Heart (PH).

3.  The applicant states that he was wounded as a result of enemy fire and he should have been awarded the PH.  In support of his appeal, he submits a copy of the order awarding him the Bronze Star Medal (BSM) with “V” Device which indicates that on 29 September 1970, he was slightly wounded while sweeping a ridge line when it was suddenly engaged by a large enemy force.

4.  The applicant’s military records show that he was inducted in the Army on 5 December 1968 and he successfully completed his training as a infantry operations intelligence specialist.  

5.  His awards include the Vietnam Campaign Medal, the Vietnam Service Medal, the Army Commendation Medal, the Combat Infantryman Badge, the Air Medal, the Bronze Star Medal, the Sharpshooters Badge (M-14), and two Overseas Service Bars.

6.  A review of the records reveals that the applicant was awarded the BSM for acts of heroism while he was in the Vietnam.  The general orders announcing the award indicates that on 29 September 1970, the platoon to which the applicant was assigned was sweeping a ridge line near a landing zone when they were suddenly engaged by a large enemy force.  The orders further reveal that the applicant, although slightly wounded, took command of the element and directed the fire and movement of the men against the enemy.

7.  He was honorably discharged on 27 October 1970, after he completed 1 year, 10 months and 23 days of total active service.

8.  Army Regulation (AR) 600-8-22 provides, in pertinent part, that the PH 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 by a medical officer, and the medical treatment must have been made a matter of official record.

CONCLUSIONS:

1.  The general orders announcing the award of the BSM clearly show that the applicant was wounded as a result of hostile action by the enemy.  

2.  Although there is no evidence of record that shows he was ever officially awarded the PH, orders were published that indicate that he was wounded on 29 September 1970 and that he received an award for valor during that engagement with the enemy.  Therefore, the Board finds that based on the documented evidence contained in his records, he meets the criteria for entitlement to the award of the PH and his records should be corrected accordingly.

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, while serving in the rank of sergeant,  was awarded the Purple Heart for wounds received in action again the enemy in Vietnam on 29 September 1970.

BOARD VOTE:  

__tdh___  ___lls__  ____cwb___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AC98-12120/AR1998014523	
SUFFIX		
RECON	 	
DATE BOARDED	19990106	
TYPE OF DISCHARGE	 	
DATE OF DISCHARGE	 	
DISCHARGE AUTHORITY	 	
DISCHARGE REASON		
BOARD DECISION	GRANT 	
REVIEW AUTHORITY		
ISSUES         1.  107.00		
2.		
3.		
4.		
5.		
6.