PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:           18 August 1999                  
	DOCKET NUMBER:   AR1999018155

	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. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Edward Williamson		Member	
	Ms. Sherri V. Ward 		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 was wounded on 20 February 1967 by a hand grenade in Vietnam.  In support of his application, he submits a copy of DA Form 1594 (Daily Staff Journal or Duty Officer’s Log), dated 20 February 1967; and a Standard Form 502 (Clinical Record), dated 20 February 1967.     

4.  The applicant’s military records show that he enlisted on 18 May 1962 for a period of 3 years.  He trained as a food service helper and was honorably discharged on 3 June 1964.  He reenlisted on 4 June 1964, served as a cook in Vietnam from 10 April 1966 to 30 March 1967 and was honorably discharged on 13 April 1967.

5.  The applicant’s DD Forms 214, which were authenticated in his own hand, do not show the Purple Heart as an authorized award.  

6.  The applicant provided a copy of DA Form 1594 (Daily Staff Journal or Duty Officer’s Log), dated 20 February 1967, and highlighted the entry “2 Bde: 121 Sig B Co at PHU LOI at 0148H had 3 US WIAs [wounded in action] from a hand grenade go off in the place where they were living all 3 were evac [evacuated].”   

7.  The applicant’s records contain a Standard Form 502 (Clinical Record), dated 20 February 1967, which shows he was treated for multiple fragment wounds of the back, buttocks and both arms.  Item 23 (Diagnoses) of the DA Form 8-275-3 (Clinical Record Cover Sheet), dated 20 February 1967, shows “Multiple fragment wounds of the back, buttocks, and both arms, with ulnar nerve palsy left, no artery involvement” and “Patient wounded by fragment from an unknown source, 0130 hours, 20 Feb 67, near Phu Loi, RVN”.  There is no evidence that these injuries were a result of hostile action. 

8.  There is no evidence in the applicant’s personnel records that he was awarded the Purple Heart or was wounded as a result of hostile action.  Item
40 (Wounds) of the applicant’s DA Form 20 (Enlisted Qualification Record) is blank.  Item 41 (Awards and Decorations) does not show entitlement to the Purple Heart.  The applicant’s name does not appear on the Vietnam Casualty Roster.

9.  Headquarters 1st Infantry Division General Orders Number 2400, dated 
15 April 1967, shows the applicant was awarded the Army Commendation Medal for meritorious service during the period April 1966 to February 1967.

10.  Army Regulation 600-8-22 (Military Awards) 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.  Notwithstanding the DA Form 1594, medical evidence of record shows the applicant was wounded on 20 February 1967 in Vietnam by an unknown source, not the result of hostile action. Therefore, he is not entitled to award of the Purple Heart.       

2.  The applicant was awarded the Army Commendation Medal; therefore, he is entitled to correction of his military records to show this award.

3.  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 that the individual concerned was awarded the Army Commendation Medal.

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

BOARD VOTE:  

RVO____  EW_____  SVW____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Raymond V. O’Connor, Jr.
		        CHAIRPERSON

INDEX

CASE ID	AR1999018155	
SUFFIX		
RECON		
DATE BOARDED	19990818	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19670413	
DISCHARGE AUTHORITY	AR 635-200   	
DISCHARGE REASON	Early separation from overseas	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.