PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:                2 March 2000
	DOCKET NUMBER:       AR1999026978

	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:

	Mr. Edwin S. Castle		Chairperson	
	Mr. Stanley Kelley		Member	
	Ms. Kathleen A. Newman		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, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show that he was awarded the Purple Heart. 

3.  The applicant states that he has grown older and just realized that his Purple Heart is not a part of his official record.  He also states that this error occurred due to the fact that he was wounded and was discharged from the hospital in the United States.  He further states that he was glad to be released from the hospital and failed to inquire about the award.

4.  The applicant’s military records show he was inducted on 27 September 1966 as a light weapons infantryman (11B).  He served in Vietnam from 6 October 1967 to 20 December 1967 and was honorably discharged on 27 September 1969.

5.  His discharge document does not show the Purple Heart as an authorized award.

6.  The applicant’s records contain a copy of DA Form 8-274 (Medical Condition-Physical Profile Record) which shows the entry “Multiple fragment wounds 
19 Nov 67 Republic of Vietnam (RVN) involving the abdomen and all extremities and chest with visceral involvement of the liver, stomach and right testicle”.  
This document also shows these wounds were sustained in the line of duty.

7.  The applicant’s records contain a copy of VA Form 21-6782 (Original Disability Compensation) which shows the entry “fragment wounds, with retained foreign bodies, orchiectomy, prostate condition“.

8.  There are no orders in the applicant’s personnel records, which show that he was awarded the Combat Infantryman Badge.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows he served as a light weapons infantryman (11B) in an infantry company in combat during his service in Vietnam.

9.  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.

10.  Army Regulation 600-8-22 provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS.  They must have served in active 

ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  The Awards Branch of the Total Army Personnel Command has advised, in similar cases, that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

CONCLUSIONS:

1.  Medical evidence of record shows that the applicant received multiple fragment wounds while serving in Vietnam on 19 November 1967.  Although, there is no record which shows these wounds were the result of hostile action, the Board notes the substantiated nature of the wounds requiring evacuation to Walter Reed Army Medical Center and that they were sustained in the line of duty.  In the absence of evidence to the contrary, the Board has determined these wounds resulted from hostile action.  Therefore, he is entitled to award of the Purple Heart and correction of his records to show this award.

2.  Evidence of record shows the applicant served as light weapons infantryman (11B) in an infantry company in combat while serving in Vietnam.  Therefore, he is entitled to correction of his records to show that he was awarded the CIB.

3.  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 in item 24 (Decorations and Awards) of his DD Form 214 the he was awarded the Purple Heart and the Combat Infantryman Badge.

BOARD VOTE:  

ESC____  SK______  KAN____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Edwin S. Castle_______
		        CHAIRPERSON

INDEX

CASE ID	AR1999026978	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000302	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19680927	
DISCHARGE AUTHORITY	AR .635-200	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  157		
2.  61		
3.		
4.		
5.		
6.