PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            11 July 2000                  
	DOCKET NUMBER:   AR2000037853

	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. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond J. Wagner		Chairperson	
	Mr. John Saputo		Member	
	Mr. Roger Able		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 correction of his DD Form 214 (Report of Transfer or Discharge) to show award of the Purple Heart. 

3.  The applicant states that he stepped on a land mine while serving in Vietnam in 1967.  In support of his application, he submits VA documentation; a medical record dated 23 January 1968; a copy of Standard Form 88 (Report of Medical Examination) dated 1 May 1968; and a copy of his DD Form 214.  

4.  The applicant’s military records show that he was inducted on 20 May 1966.  He served as a light weapons infantryman in Vietnam from 10 January 1967 through 19 December 1967 and was honorably discharged on 19 May 1968.

5.  The applicant’s DD Form 214 does not show the Purple Heart as an authorized award.

6.  The applicant provided a copy of a medical record, dated 23 January 1968, from Walson Army Hospital in Fort Dix, New Jersey, which indicates that the applicant sustained an injury to his right foot when he stepped on “hostile booby-trap” on 18 November 1967 in Vietnam.     

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

CONCLUSIONS:

1.  Medical evidence of record shows the applicant sustained an injury to his right foot as a result of hostile action on 18 November 1967 in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show 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 this case be corrected by showing that the individual concerned was awarded the Purple Heart.

BOARD VOTE:  

RJW____  JS______  RA______  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Raymond J. Wagner 
		        CHAIRPERSON

INDEX

CASE ID	AR2000037853	
SUFFIX		
RECON		
DATE BOARDED	20000711	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	20000711	
DISCHARGE AUTHORITY	AR 635-200   	
DISCHARGE REASON	Expiration term of service	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.