PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            15 June 2000
	DOCKET NUMBER:   AR2000036941

	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. Deyon D. Battle		Analyst	

The following members, a quorum, were present:

	Mr. Orville W. Troesch, Jr.		Chairperson	
	Ms. Kathleen A. Newman		Member	
	Ms. Margaret V. Thompson		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 his Report of Transfer or Discharge (DD Form 214) be corrected to show the award of the Purple Heart.

3.  The applicant states in effect, that the award of the Purple Heart was omitted from his DD Form 214.  In support of his application, he submits a copy of a certificate awarding him the Purple Heart for wounds received in action on 22 November 1967.

4.  The applicant’s military records show that he was inducted in the Army on 22 September 1966.  He successfully completed his training as a armor intelligence specialist and he was transferred to Vietnam on 8 April 1967.

5.  His awards include the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, the Combat Infantryman Badge, the Marksman Badge (M-14), 1/Overseas Service Bar and the 1st Class Gunner Badge (MCM-60).

6.  The records show that on 22 November 1967, the applicant was slightly wounded, while in Vietnam, as a result of hostile action.  He received metal fragments wounds to both hands and a fractured left wrist while firing at the enemy when he was hit by fragments from a mortar round.  The record further shows that he was treated by physicians at the 12th Evacuation Hospital in Japan.

7.  On 29 November 1967, the applicant was awarded the Purple Heart.  However, a review of the available records fails to reveal a copy of orders awarding him the Purple Heart.

8.  On 6 February 1969, the applicant was permanently retired by reason of physical disability as a result of the wounds that he received while he was in Vietnam.  He had completed 2 years, 4 months and 15 days of total active service.

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

CONCLUSIONS:

1.  An administrative error was made during the preparation of the applicant’s DD Form 214 which resulted in the award of the Purple Heart being omitted.

2.  The records clearly show that he was wounded as a result of hostile action on 22 November 1967 and he was awarded the Purple Heart on 29 November 1967.

3.  His injuries required medical treatment and they were made a matter of official record.  His DD Form 214 should be amended to reflect his award.

4.  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 wounds received in action on 22 November 1967.

BOARD VOTE:  

__kan ___  __mvt___  __owt___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Orville W. Troesch, Jr.___
		        CHAIRPERSON

INDEX

CASE ID	AR2000036941	
SUFFIX		
RECON		
DATE BOARDED	2000/06/15	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  46	107.0000	
2.  61	107.0015/PH	
3.		
4.		
5.		
6.