PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:  9 September 1999
	DOCKET NUMBER:   AR1999015872

	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. Theodore G. Heartley .		Analyst	

  The following members, a quorum, were present:

	Ms. Erin J. Olmes		Chairperson	
	Ms. Irene N. Wheelwright		Member	
	Mr. Christopher J. Prosser		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 that he was awarded the Purple Heart (PH).

3.  The applicant states, in effect, that while he was hospitalized for malaria in Cam Rahn Bay, Republic of Vietnam (RVN), the PH was pinned onto his pajamas; and that due to his hospitalization as documented in VA records, he should receive the PH.

4.  In support of his request, the applicant submitted a copy of DA Form 2496-1, disposition form, instructions for administrative discharge processing; a copy of DA Form 137, installation clearance record dated 25 June 1969; a copy of DD Form 877, request for medical/dental records or information; 5 VA documents concerning a medical examination on 10 September 1969; and a form relating to his employment data and reemployment rights.

5.  His complete medical records were not available to the Board.

6.  The applicant’s military records show that he enlisted in the Regular Army on 14 August 1967 for a period of 3 years.  He completed his initial training in military occupation specialty (MOS), 76P, stock control and accounting specialist, and was assigned to those duties in RVN on 25 January 1968.  On 9 July 1968, he reenlisted for 3 years.

7.  DD Form 877 dated 29 August 1968, shows that on 14 August 1968, he was hospitalized for an unspecified length of time for malaria and removal of claymore mine fragments from his lower left leg.  This document also recommended his stateside transfer; and that the citation for the award of the PH was issued.  An Army major signed this document.  There was no other evidence contained in his records showing the award of the PH or substantiating that the period of this hospitalization was for wounds incurred as the result of hostile action.

8.  On 4 November 1968, while still assigned to RVN, he was reassigned to a military police company with duty in MOS 95B. 

9.  On 2 February 1969, he was reassigned to Fort Hood, Texas with duty in MOS 95B.

10.  On 8 June 1969, a medical evaluation board (MEB) determined that he was medically unfit for further service due to a medical condition, otitis media, chronic ear infection, that existed prior to his entry (EPTS) on active duty.  The MEB 
found that despite his unfitting EPTS condition, he was accepted for enlistment; that he was physically disqualified for retention; and that he be presented to a physical evaluation board (PEB) for separation due to his EPTS condition.

11.  On 18 June 1969, a PEB determined that he was physically unfit for military service; and that he be separated from the service without entitlement to disability benefits.

12.  His DD Form 214, separation document, shows that on 30 June 1969, he was separated from military service in the rank of specialist with an honorable discharge under the provisions of Army regulation 635-40, Chapter 9, for physical disability, EPTS.  He had completed 1 year, 10 months and 17 days of active federal service.  His awards and decorations included the Vietnam Service Medal with 3 bronze service stars, the RVN Campaign Medal, the National Defense Service Medal, the Army Commendation Medal, and the Combat Infantryman Badge.

13.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of enemy or hostile action or international terrorist attack.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.

14.  DA Form 1577, authorization for issuance of awards dated 11 March 1987, stated, in pertinent part, that he was authorized awards including the Good Conduct Medal, the Vietnam Service Medal with a silver service star in lieu of 
5 bronze service stars, the RVN Gallantry Cross with Palm Unit Citation Badge, and the Sharpshooter Badge with Rifle Bar. 

CONCLUSIONS:

1.  The applicant’s military records do not indicate that he was wounded.  However, based on the evidence provided by him, it does appear that his hospitalization included treatment for wounds related to combat activity while assigned to Vietnam and that military officials intended for him to receive the Purple Heart.  Therefore, it is logical to presume that the failure to award him the Purple Heart was the result of administrative error.

2.  In the evidence of record as shown in paragraph 14 above, DA Form 1577 also establishes his entitlement to other awards and decorations that were omitted from his separation document likely due to administrative error during his separation processing from military service.  

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 was awarded the Purple Heart for wounds he received in combat on 14 August 1968; that he was awarded the Vietnam Service Medal with Silver Service Star; that he was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation Badge; that he was awarded the Good Conduct Medal; and that he was awarded the Sharpshooter Badge with Rifle Bar.

BOARD VOTE:  

___EO__  ___IW__  ___CP___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_Erin J. Olmes________
		        CHAIRPERSON

INDEX

CASE ID	AR1999015872	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990909	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19690630	
DISCHARGE AUTHORITY	AR635-40	
DISCHARGE REASON	PHYSICAL DISABILITY-EPTS	
BOARD DECISION	(GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.	107	
2.		
3.		
4.		
5.		
6.