PROCEEDINGS

	IN THE CASE OF:        

	BOARD DATE:           11 February 2000                  
	DOCKET NUMBER:   AR1999024919

	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.  
	 		 	
	Ms. P. A. Castle		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson 		Chairperson	
	Mr. George D. Paxson		Member	
	Mr. Thomas B. Redfern, III		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 previous request for the Purple Heart be reconsidered.  That his wound was caused by friendly fire and that the soldiers who served in the Gulf War received the Purple Heart for their wounds caused by friendly fire.

3.  Incorporated herein by reference are military records that were summarized in memoranda prepared to reflect the Board’s previous consideration of his case on 7 May 1986. (COPIES ATTACHED)

4.  In support of his claim that the wound was caused by friendly fire he provides a copy of the 16 January 1970, “Duty Officer’s Log” which in effect states in item 85 and 86:

“while setting automatic ambush, ambush discharged on friendlies resulting in 1 Kit Carson Scout killed in action, 1 man killed in action and 3 men wounded in action”

5.  Along with the submission of his own sworn statement of the incident these submissions, the line of duty investigation and the log reflect the applicant’s claim that the wound was caused by friendly fire while he was in action against the enemy.

6.  Included as part of the Department of Defense Appropriations Act for fiscal year 1994 was an amendment to the rules governing award of the Purple Heart.  While the original rules established that the Purple Heart would be awarded to individual's killed or wounded as a result of hostile action the amendment enabled the Secretaries of each department to award the Purple Heart to members of the armed forces who were killed or wounded in action by weapon fire, while directly engaged in armed conflict, other than as the result of an act of an enemy of the United States.  This ruling, in effect, granted the service Secretaries the authority to award the Purple Heart to individuals directly engaged in armed conflict who were killed or wounded as a result of "friendly fire."

CONCLUSIONS:

1.  The line of duty investigation conducted on the spot at the time concluded that the applicant’s wounding was an accident.  The very fact that a line of duty investigation was conducted at all tends to show that the incident was not clearly the result of enemy saboteur action.  However, there is sufficient evidence to 

conclude that the incident happened while the applicant’s unit was on patrol and he was therefore wounded while in action against the enemy.  In light of the modified rules for award of the Purple Heart continued denial of the request is unjust.

2.  The applicant should be awarded the Purple Heart for wounds sustained in January 1970.

4.  In view of the foregoing findings and conclusions, correction of the applicant’s records as recommended below would rectify an injustice..

RECOMMENDATION: 

That all of the Department of the Army records related to this case be corrected to show that the individual concerned was awarded the Purple Heart for wounds sustained in Vietnam on 16 January 1970.

BOARD VOTE:

__MKP__  ___GDP_  __TBR___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

                                                                      ___Margaret K. Patterson______
	CHAIRPERSON

INDEX

CASE ID	AR1999024919	
SUFFIX		
RECON		
DATE BOARDED	20000211	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION		
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.