PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            11 May 2000
	DOCKET NUMBER:   AR2000037044

	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	
	Mr. Joseph A. Adriance		Analyst	

The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. James M. Alward		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, in effect, that the Purple Heart (PH) be added to his record. 

3.  The applicant states, in effect, that he received second degree burns to his right and left forearms and his left calf, on 30 January 1967, during a fire fight with enemy forces in Vietnam.  The burns to his body were caused by an gasoline explosion during the fire fight.  He claims that clinic documents from the 85th Evacuation Hospital in Vietnam and the 106th General Hospital at 
Camp Zama, Japan verify that he received these wounds in action.  

4.  The applicant’s military records show that he was inducted into the Army of the United States on 12 April 1966 and that he continuously served on active duty until he was honorably released from active duty on 2 February 1968.   

5.  The applicant’s record shows that after he successfully completed basic training and advanced individual training he was awarded military occupational specialty 11B (Infantryman) and assigned to Vietnam for his first permanent duty station.

6.  The evidence of record includes two DA Form 8-275-3 (Clinical Record Cover Sheets) the first issued on 2 February 1967 by the 85th Evacuation Hospital in Vietnam and the second issued by the 106th General Hospital at Camp Zama,. Japan.  These clinical documents verify that the applicant was treated for second degree burns to his right and left forearms and to his left calf and that these wounds were the result of a gasoline explosion that occurred while he was engaged in a fire fight with enemy forces in Vietnam on 30 January 1967.  

7.  Block 24 (decorations, medals, badges, commendations, citations, and campaign ribbons awarded or authorized) of the DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) issued to the applicant upon his separation from active duty lists the following awards:  the National Defense Service Medal; the Combat Infantryman Badge; the Vietnam Campaign Medal; and the Vietnam Service Medal.  The PH is not included in this document.

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual military awards.  Paragraph 2-8 provides guidance on awarding the PH.  It indicates, in pertinent part, that the PH is to any member of an Armed Forces of the United States who has been wounded or killed, or who has died or may hereafter die after being wounded In any action against an enemy of the United States. 

9.  Paragraph 2-8b (1) of the awards regulation states, in pertinent part, a wound is defined as an injury to any part of the body from an outside force.  It also indicates that the wound for which the award is being 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.  The evidence of record shows that the applicant was wounded while he was engaged in an action against an enemy of the United States while serving as a private first class/E-3 (PFC) in Vietnam, on 30 January 1967.  

2.  This fact is supported by clinical records that show he suffered second degree burns from a gasoline explosion that took place while he was engaged in a fire fight with enemy forces.  Therefore, the Board concludes, in the interest of justice and equity, that it would be appropriate to award the applicant the PH at this time.  

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 that the individual concerned was wounded in action against the enemy while serving as a PFC in Vietnam on 30 January 1967 and that he was awarded the PH for those wounds.

BOARD VOTE:  

____cjp __  __ja____  ___rvo __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

					___Raymond V. O’Connor, Jr__
		        CHAIRPERSON

INDEX

CASE ID	AR2000037044	
SUFFIX		
RECON		
DATE BOARDED	20000/05/11	
TYPE OF DISCHARGE	N/A	
DATE OF DISCHARGE	N/A	
DISCHARGE AUTHORITY	N/A 	
DISCHARGE REASON	N/A	
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1. 61	107.0015	
2.		
3.		
4.		
5.		
6.