PROCEEDINGS

	IN THE CASE OF:        

	BOARD DATE:            14 October 1998   
	DOCKET NUMBER:   AC98-10910

	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:

	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 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 that he was awarded the Purple Heart.

3.  The applicant states, in effect,  that he was wounded on 3 March 1968 while in Vietnam and he was awarded the Purple Heart; however, the award is not reflected on his DD Form 214.

4.  The applicant’s military records show that on 1 March 1967, he enlisted in the Army for 3 years in the pay grade of E-1.  He successfully completed his training as a light weapons infantryman.

5.  His awards include the National Defense Service Medal, the Vietnam Service Medal, the Combat Infantryman Badge, and the Parachute Badge.

6.  The record shows that the applicant was assigned to Headquarters 101st Airborne Division in Vietnam when he suffered a gunshot wound to his right shoulder as a result of hostile fire while on a combat operation on 3 March 1968. Included in his record is an official message verifying how and when his injury occurred and shows that he was treated at the 3rd Marine Hospital in Vietnam.  Also included is a telefax to the applicant’s family notifying them of his injury.

On 27 February 1970, he was honorably released from active duty and transferred to the USAR Control Group (Reinforcement).  His DD Form 214 prepared at the time of separation failed to reveal that he was awarded the Purple Heart.

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 by a medical officer, and the medical treatment must have been made a matter of official record.

CONCLUSIONS:

1.  The applicant’s record clearly shows that he was wounded his right shoulder, while in Vietnam, as a result of hostile action.

2.  Apparently, during the preparation of his DD Form 214, the award of the Purple Heart was inadvertently omitted.

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 correcting the DD Form 214 of the individual concerned to show the award of the Purple Heart.

BOARD VOTE:  

__EW___  __RWG _  __JS____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

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		        CHAIRPERSON