PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:                12 January 2000              
	DOCKET NUMBER:        AR1999016077

	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. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Ms. Irene N. Wheelwright		Member	
	Mr. Luther L. Santiful		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 award of the Purple Heart.

3.  The applicant states that he received an injury while under enemy fire as shown in his Department of Veterans Affairs (DVA) file and medical records.  He also states that he was recently given service connected disability for his injury that occurred in Vietnam.  The applicant described the events surrounding his injury to the effect that he was injured in a fall from a bunker.  He also contends that not being awarded the Purple Heart while in Vietnam is “unjust” because he was under enemy fire and close friendly fire, his action of firing on the Viet Cong squad along with armored personnel carriers and gunships prevented an enemy mortar and rocket attack on his position.  The applicant also contends that this event was “a typical one” at the outpost where he was located and he does not know why the situation was not followed up, but that “things are often overlooked during wartime and this was no exception.”  In support of his application, he provided a copy of the decision by the Board of Veterans Appeals in his case, dated 15 April 1998.

4.  The applicant’s military records show that he was inducted on 25 October 1966 and completed training as a carpenter.  He served in an engineer battalion in Vietnam as a carpenter from 6 February 1968 to 14 October 1968.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), which is authenticated in his own hand, does not show the Purple Heart as an authorized award.

5.  There are no orders in the applicant’s service personnel records which show that he was awarded the Purple Heart.  There also is no evidence in his records that he was wounded or treated for wounds as a result of hostile action.  His DA Form 20 (Enlisted Qualification Record) does not show any entry in item 40 (Wounds) or list the Purple Heart in item 41 (Awards and Decorations).

6.  In his appeal to the Board of Veterans Appeals, the applicant contends that he has had chronic left knee problems since an injury during combat.  To support this contention he submitted a 29 July 1996 statement from a former soldier who identifies himself as the applicant’s squad leader at the time in question.  The witness stated that he does not remember the exact date of the event, but believes it was in April or May 1968 when he and the applicant were sitting on top of a fortified bunker watching helicopters and armored personnel carriers striking an area where they had observed Viet Cong activity.  The witness stated that “incoming fire was getting close” and they decided to take cover at which time the applicant slipped and caught his knee on a ladder, thereby injuring himself.  The witness states that he told the applicant “to have it checked by the medic.”  

7.  The Board of Veterans Appeals found that “service medical records are negative for signs, symptoms, complaints , history or treatment for a left knee injury” and that he was first seen for left knee disability “almost a decade after military service.”  However, the appeal summary also states that there was “sufficient lay evidence of the incurrence of a left knee injury during combat in Vietnam and there is credible lay evidence of observable symptoms of that injury in the years after military service such that the evidence overall demonstrates that the current left knee disability is the residual of the inservice left knee injury.” The Board of Veterans Appeals summary also stated:  “In reaching this determination, the Board [Board of Veterans Appeals] has resolved all doubt in favor of the veteran.”

8.  A DA Form 1577 (Authorization for Issuance of Awards), prepared by the Army Reserve Personnel Center on 26 February 1997, shows that the applicant is entitled to the Meritorious Unit Commendation with One Oak Leaf Cluster.  This award is not shown on the applicant’s discharge document.

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

CONCLUSIONS:

1.  The applicant’s service records contain no evidence which shows that he was injured or wounded as a result of hostile action or was treated for injuries or wounds resulting from hostile action.

2.  The Board noted the analysis by the Board of Veterans Appeals which stated that there was no evidence of the applicant’s injury or treatment for the injury in his service medical records.  Notwithstanding the decision of the Board of Veterans Appeals that the applicant was entitled to disability compensation for a knee injury sustained in Vietnam, the Board of Veterans Appeals found no evidence the injury resulted from hostile action and did not conclude the injury was the result of hostile action.  

3.  In view of the foregoing and in the absence of evidence that the applicant was injured as a result of hostile action, there is no basis for award of the Purple Heart to the applicant.  Therefore, he is not entitled to correction of his records to show award of the Purple Heart.

4.  Evidence of record shows the applicant received the Meritorious Unit Commendation with One Oak Leaf Cluster; therefore, he is entitled to correction of his records to this award.

5.  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 the individual concerned was awarded the Meritorious Unit Commendation with One Oak Leaf Cluster.

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

BOARD VOTE:  

JNS____  INW_____  LLS_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		John N. Slone_________
		        CHAIRPERSON

INDEX

CASE ID	AR1999016077	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000112	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19681018	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON	OVERSEAS RETURNEE	
BOARD DECISION	GRANT	
REVIEW AUTHORITY	MR SCHNEIDER	
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.