PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:                8 July 1999
	DOCKET NUMBER:        AR1999016928

	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. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Ms. June Hajjar		Chairperson	
	Mr. Raymond V. O’Connor, Jr.		Member	
	Mr. Roger W. Able		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, in effect, that his DD Form 214 (Report of Separation from Active Duty) be corrected to show the award of the Purple Heart.

3.  The applicant states that he was wounded when some large fragments from rocks/or a mine exploded while engineers were clearing fields of fire.  In support of his application he submits a copy of his Standard Form 502 (Narrative Summary).

4.  The applicant’s military records show he was appointed as a second lieutenant on 3 June 1970 in the Military Intelligence Branch.  He served in Vietnam from 15 April 1971 to 9 September 1971.  He continued to serve until he was honorably discharged under the provisions of Army Regulation 635-120, chapter 3, for unqualified resignation.

5.  The applicant’s DD Form 214 does not show the Purple Heart as an authorized award.  

6.  The applicant provides a copy of his Standard Form 502, which shows he sustained a fragment wound to the right proximal tibia on 19 August 1971 while serving in Vietnam.

7.   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.  Evidence of record shows the applicant received a fragment wound to his 
right proximal tibia on 19 August 1971 while serving in Vietnam.  Therefore, he is entitled to correction of his military records to show that he was awarded the Purple Heart.

2.  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 concern was awarded the Purple Heart for a fragment wound sustained to his right proximal tibia on 19 August 1971 while serving in Vietnam.

BOARD VOTE:  

JH_____  RVO_____  RWA____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		June Hajjar___________
		CHAIRPERSON

INDEX

CASE ID	AR1999016928	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990708	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19750904	
DISCHARGE AUTHORITY	AR 635-120	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1. 61		
2.		
3.		
4.		
5.		
6.