PROCEEDINGS

	IN THE CASE OF:   

	BOARD DATE:          24 March 1999
	DOCKET NUMBER:  AR1999012528

	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. Gerald E. Vandenberg		Analyst	

  The following members, a quorum, were present:

	Mr. James E. Vick		Chairperson	
	Mr. Roger W. Able		Member	
	Mr. Allen L. Raub		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 the correction of his records to show the award of the Purple Heart and the Bronze Star Medal.

3.  The applicant states, in effect, that he sustained an injured on 22 April 1970 and was advised that he would receive that Purple Heart when he returned stateside.  He further indicates that he was awarded a Bronze Star Medal in Viet Nam but that this entry is not on his discharge documents.

4.  The applicant’s military records show that the applicant received an injury on 22 April 1970.  This injury was described as a laceration of the right long finger with fracture of the middle and distal phalanx.  The cause of the injury was described as he caught his finger in the breach of a howitzer, in the company area, at approximately 2300 hours, 22 April 1970.  The applicant was evacuated to and treated at the 24th Evacuation Hospital.  The clinical record cover sheet (DA Form 8-275-3) indicates that at the time of his release on 4 May 1970, the line of duty was undetermined and still pending investigation.  The applicant’s records are silent on the final determination.

5.  The applicant submits a copy of General Orders Number 2485 issued by Headquarters, II Field Force Vietnam, dated 8 June 1970, which shows that he was awarded the Bronze Star Medal for meritorious service in Viet Nam for the period of June 1969 to May 1970 while serving with A Battery, Second Battalion, 12th Artillery. 

6.  Army Regulation 600-8-22 provides, the Purple Heart is awarded to an individual who is wounded in action against an enemy of the United States, the armed force of a foreign country which is or has been engaged, while serving with a friendly foreign forces against an opposing force even though the U.S. is not engaged, as the result of any act of such enemy or opposing force or as a result an act of any hostile force.

CONCLUSIONS:

1.  The applicant was authorized the Bronze Star Medal and it is appropriate to correct his records to document this award.

2.  The award of the Purple Heart necessitates that the injury sustained be a result of hostile action not just an accidental injury.  The applicant’s records do not support a finding that the injury to the applicant’s finger was caused as a result of hostile action.  

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 by showing that the individual concerned was awarded the Bronze Star Medal for meritorious service on 8 June 1970.

2.  That so much of the application as is in excess of the foregoing be denied 

BOARD VOTE:  

___JEV_   ___RWA_  __ALR___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_____James E. Vick___
		        CHAIRPERSON

INDEX

CASE ID	AR1999012528	
SUFFIX		
RECON		
DATE BOARDED	19990324	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	Grant partial	
REVIEW AUTHORITY		
ISSUES         1.	46	
2.	60	
3.		
4.		
5.		
6.