PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:                 29 July 1999            
	DOCKET NUMBER:         AR1999018099

	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:

	Mr. Charles H. Loundermon		Chairperson	
	Ms. Shirley L. Powell 		Member	
	Mr. Curtis L. Greenway		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 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show that he was awarded the Purple Heart.

3.  The applicant states that he was wounded in Vietnam on 5 May 1970 near his right eye and was evacuated to the 93rd Evacuation Hospital.  He also states that his suture was removed on 15 May 1970.  In support of his application he submits a copy of Standard Form 600 (Chronological Record of Medical Care) and a copy of an award certificate for the Bronze Star Medal.

4.  The applicant’s military records show he enlisted on 20 January 1969 as a light weapons infantryman.  He served in Vietnam from 14 June 1969 to 23 August 1970 and was honorably discharged on 24 August 1970.

5.  The applicant’s DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, the Army Commendation Medal and the Good Conduct Medal.  His discharge document does not show the Purple Heart as an authorized award.  

6.  There is no record that the applicant was awarded the Purple Heart.  There also is no indication that he was wounded as a result of hostile action.  

7.  The medical records submitted by the applicant states only the entries: “suture removal wound looks good”.  There is no indication of the nature of the wound or that it was the result of hostile action.

8.  Headquarters, 199th Infantry Brigade (Sep) (Lit) Special Orders Number 213, dated 1 August 1969, shows the applicant was awarded the Combat Infantryman Badge (CIB).

9.  The applicant’s personnel records contain an award certificate, which shows that he was awarded the Bronze Star Medal for meritorious achievement in ground operations against hostile forces from June 1969 to August 1969.

10.  The Board notes that the applicant was awarded the Vietnam Cross of Gallantry with Palm Unit Citation by Department of the Army General Orders 51, dated 1971 and the Vietnam Civil Actions Honor Medal First Class Unit Citation by Department of the Army General Orders 51, dated 1971, which are not shown on his discharge document.

11.  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.  There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he was injured or wounded due to hostile action while serving in Vietnam.  Therefore, he is not entitled to the award of the Purple Heart.

2.  Evidence of record shows he was awarded the Combat Infantryman Badge and the Bronze Star Medal; therefore, he is entitled to correction of his records to show the Combat Infantryman Badge and the Bronze Star Medal.

3.  The applicant was awarded the Vietnam Cross of Gallantry with Palm Unit Citation and the Vietnam Civil Actions Honor Medal First Class Unit Citation; therefore, he is entitled to correction of his records to show these awards.

4.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing in item 24 (Decorations and Awards) of his DD Form 214 that he was awarded the Combat Infantryman Badge, the Bronze Star Medal the Vietnam Cross of Gallantry with Palm Unit Citation and the Vietnam Civil Actions Honor Medal First Class Unit Citation.

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

BOARD VOTE:  

CHL____  SLP_____  CLG____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Charles H. Loundermon_
		        CHAIRPERSON

INDEX

CASE ID	AR1999018099	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990729	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19700824	
DISCHARGE AUTHORITY	AR 635-200  	
DISCHARGE REASON		
BOARD DECISION	GRANT/DENY	
REVIEW AUTHORITY		
ISSUES         1.  61		
2.		
3.		
4.		
5.		
6.