PROCEEDINGS

	IN THE CASE OF:        

	BOARD DATE:           19 August 1999
	DOCKET NUMBER:   AR1999019243

	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. Deyon D. Battle		Analyst	

The following members, a quorum, were present:

	Mr. Calvin M. Fowler		Chairperson	
	Ms. Celia L. Adolphi		Member	
	Mr. Melvin H. Meyer		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 that he be awarded the Purple Heart (PH).

3.  The applicant states that he still has particles from a grenade in his left arm as a result of being wounded in action.

4.  The applicant’s military records show that on 9 March 1966, he enlisted in the Army for 3 years in the pay grade of E-1.  He successfully completed his training as a infantry fire crewman and on 1 September 1966, he was transferred to the Republic of Vietnam.

5.  His Report of Transfer or Discharge (DD Form 214) shows that he was awarded the Vietnam Service Medal w/Bronze Service Star, the Combat Infantryman Badge, the Parachutist Badge, the National Defense Service Medal and the Vietnam Campaign Medal.  However, his DD Form 214 fails to show that he was awarded the Purple Heart.

6.  A review of the records reveals that on 29 December 1966, the applicant suffered fragment wounds to his left arm.  

7.  Army Regulation (AR) 600-8-22 provides, in pertinent part, that the primary requirement for award of a decoration is that a formal recommendation be prepared and introduced into official military channels within 2 years of the act, achievement, or service to be recognized. The sole exception to the 2-year time limit occurs when there is conclusive evidence that a formal recommendation was submitted but was lost, or through inadvertence was never acted on by proper authority.

8.  That same regulation 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 by a medical officer, and the medical treatment must have been made a matter of official record.

CONCLUSIONS:

1.  The applicant was wounded on 29 December 1966, after he suffered fragment wounds to his left arm.

2.  Apparently, an administrative error resulted in his not being awarded the Purple Heart.

3.  In accordance with AR 600-8-22, the wound was properly recorded within his official record.  Therefore, he  should have been issued the Purple Heart and it would be appropriate to correct his records accordingly.
4.  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 received in action against the enemy on 29 December 1966.

BOARD VOTE:  

__cmf___  __cla____  __mm___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Calvin M. Fowler____
		        CHAIRPERSON

INDEX

CASE ID	AR1999019243	
SUFFIX		
RECON		
DATE BOARDED	1999/08/19	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  61	107.0015	
2.		
3.		
4.		
5.		
6.