PROCEEDINGS

	IN THE CASE OF:

	BOARD DATE:                24 November 1998
	DOCKET NUMBER:        AC98-12083

	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. Beverly A. Young		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 correction of his records to show award of the Purple Heart.

3.  The applicant states that he was never issued the Purple Heart and he feels he should have been awarded the medal.  In support of his application, the applicant submits a copy of his medical board proceedings, a report of his medical board examination, a narrative summary, and medical records. 

4.  The applicant’s military records show that he enlisted on 10 June 1968, completed training as a medical specialist and served in Vietnam from 21 March 1969 to 17 July 1970 and from 11 May 1971 to 7 July 1971.  He was retired from active duty on 15 May 1972 by reason of physical disability.

5.  The applicant’s personnel records contain three DD Forms 214 (Report of Transfer or Discharge).  These discharge documents do not show the Purple Heart as an authorized award.  The Board notes that the applicant was awarded the Vietnam Cross of Gallantry with Palm Unit Citation.  

6.  The applicant’s records contain casualty notification telegrams to next of kin which show that the applicant was wounded on 24 June 1971 by fragments while on a combat operation when mistaken for hostile forces and fired upon by a friendly force.  The reports of the medical evaluation and physical evaluation board show that his wounds resulted in his disability retirement.

7.  The applicant was awarded the Vietnam Cross of Gallantry with Palm Unit Citation by Department of the Army General Order Number 8, dated 1974.

8.  Included as part of the Department of Defense Appropriations Act for fiscal year 1994 was an amendment to the rules governing award of the Purple Heart.  While the original rules established that the Purple Heart would be awarded to individual's killed or wounded as a result of hostile action the amendment enabled the Secretaries of each department to award the Purple Heart to members of the armed forces who were killed or wounded in action by weapon fire, while directly engaged in armed conflict, other than as the result of an act of an enemy of the United States.  This ruling, in effect, granted the service Secretaries the authority to award the Purple Heart to individuals directly engaged in armed conflict who were killed or wounded as a result of "friendly fire."

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Purple Heart to individuals wounded or killed as a result of “friendly fire” in the “heat of battle” as long as the “friendly” projectile or agent was released with the full intent of inflicting damage or destroying enemy troops or equipment.

CONCLUSIONS:

1.  The applicant was wounded on 24 June 1971; therefore, he is entitled to award of the Purple Heart.

2.  The applicant was awarded the Vietnam Cross of Gallantry with Palm Unit Citation; therefore, he is entitled to correction of his records to show this award.

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 the individual concerned was awarded the Purple Heart and the Vietnam Cross of Gallantry with Palm Unit Citation.

BOARD VOTE:  

GDP____  CLA____  RWG____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AC98-12083	
SUFFIX		
RECON		
DATE BOARDED	19981124 	
TYPE OF DISCHARGE		
DATE OF DISCHARGE	19720515	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.