PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:            14 October 1998  
	DOCKET NUMBER:   AC98-10392

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Ernest M. Willcher		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 that he be awarded the Purple Heart.

3.  The applicant states that he was wounded in Vietnam and was treated by medical personnel at the 541st Medical Detachment but that he was never awarded the Purple Heart for his wound.  

4.  The applicant’s military records show that while serving as a helicopter pilot in Vietnam in the rank of CW2, he was wounded in the right leg on 14 December 1970 when a claymore mine exploded near his aircraft after a precautionary landing at fire support base “Jamie”.  He was treated by medical personnel at the 541st Medical Detachment.

5.  He remained in Vietnam until he was transferred to Fort Hood, Texas on 12 February 1971.  He continued to serve until he was honorably released from active duty on 7 July 1971 and was transferred to the USAR Control Group (Annual Training).

6.  His report of separation (DD Form 214) shows that he was awarded the Distinguished Flying Cross, the Air Medal with “V” device and 27 oak leaf clusters, the Vietnam Service Medal with two bronze service stars, the Republic of Vietnam Campaign Medal with 60 device, the Army Aviator Badge, the Army Commendation Medal, and the Vietnamese Cross of Gallantry with Bronze Star. There is no indication in his records that shows he was ever awarded the Purple Heart.

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 present to verify that the wound was a result of hostile action, that the wound required treatment by medical personnel, and that the medical treatment was made a matter of record.

CONCLUSIONS:

1.  The applicant’s records clearly show that he was wounded on 14 December 1970 as a result of action against an enemy force and that he was properly treated by medical personnel for his wound.

2.  However, it appears that an administrative error resulted in the applicant not being awarded the Purple Heart for his wound.

3.  Therefore, it would be in the interest of justice for the Board to award him the Purple Heart at this time.
4.  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 CW2,  was awarded the Purple Heart for wounds received in action in Vietnam on 14 December 1970.

BOARD VOTE:  

__EW___  __RWG _  __JS____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON