PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:             16 March 2000
	DOCKET NUMBER:    AR1999026258

	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. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Ms. Jennifer L. Prater		Chairperson	
	Mr. Orville W. Troesch, Jr.		Member	
	Mr. Christopher J. Prosser		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, in effect, that his DD Form 214 (Armed Forces of the United States Report of Transfer) does not show the Purple Heart.  In support of his application he submits a copy of his DD Form 214 and a copy of his VA Form 21-6796b (Rating Decision).

4.  The American Legion, as counsel for the applicant, contends that the applicant served in Vietnam for 4 months, where he served as an infantryman and was awarded the Combat Infantryman Badge (CIB).  Counsel also states that the applicant is requesting that he be awarded the Purple Heart for wounds received while serving in Vietnam.  Counsel further states that the applicant submitted with his claim a copy of his VA Rating Decision which shows that he was wounded in action while serving in Vietnam and was granted a service-connection for a GSW (gunshot wound) to his left shoulder.  Counsel concludes by stating that he supports this request and rests on the evidence of record.  Counsel requested that the Boards final decision reflect sound equitable principles consistent in law, regulation, policy and discretion.

5.  The applicant’s military records show he entered active duty on 21 March 1967 as a light weapons infantryman.  He served in Vietnam and was honorably discharged on 20 March 1969.

6.  The applicant’s DD Form 214 does not show the Purple Heart as an authorized award.  There are no orders in the applicant’s records which awarded him the Purple Heart.  However, the Vietnam Casualty Roster shows that he was wounded in action in Vietnam on 7 January 1968.

7.  The applicant provided a copy of his VA Rating Decision, which shows that he was granted 20 percent disability for a service-connection for residuals perforating gunshot wound to his left shoulder.  

8.  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 gunshot wound to his left shoulder on 7 January 1968 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 concerned was awarded the Purple Heart for a gunshot wound to his left shoulder on 7 January 1968 while serving in Vietnam.

BOARD VOTE:  

JLP_____  OWT____  ALR____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Jennifer L. Prater__________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999026258	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000316	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19690320	
DISCHARGE AUTHORITY	AR .635-200	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  61		
2.		
3.		
4.		
5.		
6.