PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:  25 July 2000
	DOCKET NUMBER:  AR1998007859

	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. Carl W. S. Chun		Director	
	Ms. Lee Tinsley		Analyst	

  The following members, a quorum, were present:

	Mr. Ted S. Kanamine		Chairperson	
	Mr. John H. Kern		Member	
	Mr. Stanley Kelley		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 (PH) for her father, a deceased former service member (FSM).

3.  The applicant states in effect, that her father should have gotten the Purple Heart because he was injured by a grenade while serving in Vietnam.

4.  The military records of the deceased former service member show that on 
15 December 1967, he was inducted in the Regular Army.  From 21 August 1968 to 9 June 1969 the applicant served in the Republic of Vietnam.  He was transferred to the USAR Control Group on 19 September 1969 and discharged from the USAR on 
1 December 1973 with an honorable characterization of service.

5.  The records show that the FSM served in Vietnam as a Senior Turbine & Generator Repairman until he was injured running to his bunker during an air attack and air evacuated on 8 July 1969 to 7th Field Hospital, Japan and on to Valley Forge General Hospital, Phoenixville, Pennsylvania.  DA Form 8-275 (Clinical Record Cover Sheet), from Valley Forge General Hospital, block 3 and block 23 annotate that the FSM was injured as a result of hostile action (IRHA).

6.  In accordance with the guidance contained in Army Regulation 600-8-22, paragraph 2-8 b(2), dated 25 February 1995, in effect, a wound is defined as an injury to any part of the body from an outside force or agent as a result of an act of any enemy of opposing armed forces.  The wound or injury for which the award is made must have required treatment by a medical officer and records of medical treatment for wounds or injuries received in action must have been made a matter of official record.

CONCLUSIONS:

1.  Based on the applicant sustaining injury to his right ankle while running from an enemy air attack in Vietnam, he should be entitled to award of 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 the individual concerned be corrected by showing that the FSM was awarded the Purple Heart and a DD Form 215 be issued to include addition of the Purple Heart.

BOARD VOTE:  

__tk___  ___jk____  ___sk__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Ted S. Kanamine ___
		        CHAIRPERSON

INDEX

CASE ID	AR2000036319	
SUFFIX		
RECON		
DATE BOARDED	20000725	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  107	Purple Heart	
2.  		
3.		
4.		
5.		
6.