PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            29 March 2000                  
	DOCKET NUMBER:   AR1999028706

	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. Walter Avery, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Robert G. Hinkle		Chairperson	
	Mr. Mark D. Manning		Member	
	Mr. James P. Steuve		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.

3.  The applicant states that his DD Form 214, Certificate of Release or Discharge, does not reflect that he was awarded the Purple Heart.  In support of his request, he has provided a copy of his DD Form 214 and a copy of an U.S. Air Force form 565-4, Clinical Record Cover Sheet, concerning his diagnosis and treatment for wounds received during the Vietnam War.

4.  The applicant’s military records show that he was retired for length of service on 30 April 1990 in the grade of sergeant first class.  The awards shown on his DD Form 214 include the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal with “60” device, the Combat Infantryman Badge, the Republic of Vietnam Cross of Gallantry with Palm, the Air Medal, the Army Service Ribbon, 2 Overseas Bars, the NCO Professional Development Ribbon with numeral 3, the Overseas Service Ribbon with numeral 2 and the Good Conduct Medal 7th award.

5.  The Clinical Record Cover Sheet submitted by the applicant shows that on    19 August 1968 he was wounded in the left leg by an enemy rocket explosion.

6.  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 by a medical officer, and the medical treatment must have been made a matter of official record.

CONCLUSIONS:

1.  Although the exact circumstances of his wounding are not clear from the available records, the Board accepts the information on the Clinical Record Cover Sheet as factual and believes that the applicant is entitled to the Purple Heart for his wounds.

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:

a.  showing that the individual concerned was awarded the Purple Heart for wounds received in action in Vietnam on 19 August 1968, and;

	b.  issuing to him a correction to his DD Form 214 reflecting the aforementioned award.

BOARD VOTE:  

_rgh____  __mdm______  _jps_  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_________Robert G. Hinkle_______
		        CHAIRPERSON

INDEX

CASE ID	AR1999028706	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000329	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1  107.00.		
2.		
3.		
4.		
5.		
6.