PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            8 June 2000
	DOCKET NUMBER:   AR2000038372

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Ms. Shirley L. Powell		Chairperson	
	Ms. Lana E. McGlynn		Member	
	Mr. Arthur A. Omartian		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, in effect, that he was assigned as a door gunner in an aviation platoon of the 173rd Airborne Brigade in South Vietnam when, during a combat engagement, his M60 machine gun blew up in his face and blinded him in both eyes on 25 April 1969.  He further states that he was evacuated to a hospital in Nha Trang, where he was treated for several days before being released back to his unit.  However, he was never issued a Purple Heart for his injuries.  In support of his application he submits three pages taken from his medical records indicating the treatment for his injuries. 

4.  The applicant’s military records show that he enlisted with parental consent in Jacksonville, Florida on 3 January 1968 for a period of 3 years and training in aircraft maintenance.  He successfully completed his training and was transferred to Vietnam on 11 July 1968 for duty as a helicopter crew chief.  He was promoted to the pay grade of E-5 on 7 December 1968.

5.  A review of the medical records provided by the applicant shows that he was treated in Nha Trang for eye injuries caused by an explosion of an M60 machine gun during the period of 25 April to 28 April 1969 and was released to his unit.  He continued follow-up treatment and was subsequently evacuated in May 1969 for treatment by an Opthalmologist, to remove the foreign bodies from his eyes. 

6.  He departed Vietnam on 10 July 1969 and was transferred to Hunter Army Airfield, Georgia where he served until he was transferred to Germany on 25 March 1970.  He remained in Germany until he was returned to Fort Jackson, South Carolina for separation. 

7.  He was honorably released from active duty on 30 December 1970 as an early overseas returnee and was transferred to the USAR Control Group (Annual Training).  He had served 2 years, 11 months, and 28 days of total active service and was awarded the Bronze Star Medal, the Army Commendation Medal, the Air Medal with 4th Oak leaf cluster, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, and the Republic of Vietnam Gallantry Cross with palm unit citation for his service in Vietnam.  There is no indication in the available records to show that he was ever awarded the Purple Heart for his injuries.

8.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound/injury sustained as a result of hostile action.  Substantiating evidence must be provided to verify that the wound/injury was a result of hostile action, that the wound/injury must have required treatment by a medical officer, and that the medical treatment was made a matter of official record.

CONCLUSIONS:

1. The applicant has provided sufficient evidence to convince the Board that he was in fact injured on 25 April 1969 while serving in combat against the enemy as a helicopter crew chief in Vietnam and that he was treated by medical personnel.

2.  Therefore, it is reasonable to presume that as result of an administrative oversight, he was not awarded the Purple Heart that he was entitled to receive.  Therefore, it would be in the interest of justice to correct this error 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 injured in action against the enemy in Vietnam on 25 April 1969, while serving in the rank of specialist five in Headquarters and Headquarters Company, 173rd Airborne Brigade, and that he was awarded the Purple Heart for his wounds.

BOARD VOTE:  

__slp____  __ao____  ___lm___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Shirley L. Powell_____
		        CHAIRPERSON

INDEX

CASE ID	AR2000038372	
SUFFIX		
RECON		
DATE BOARDED	2000/06/08	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  61	107.0015/PH	
2.		
3.		
4.		
5.		
6.