PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            29 June 2000                  
	DOCKET NUMBER:   AR2000038419

	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:

	Ms. JoAnn H. Langston 		Chairperson	
	Mr. John N. Slone		Member	
	Mr. Melvin H. Meyer		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.

3.  The applicant states, in effect, that he sustained an injury to his left knee during hostile action on 9 June 1968 in Vietnam.  In support of his application, he submits DA Form 8-275-3 (Clinical Record Cover Sheet) dated 9 June 1968.

4.  The applicant’s military records show that he was inducted on 22 August 1966.  He served as an infantry indirect fire crewman in Vietnam from 4 October 1967 through 27 July 1968 and was honorably discharged on 28 July 1968.

5.  The applicant’s DD Form 214 (Report of Transfer or Discharge) does not show the Purple Heart as an authorized award.

6.  The applicant provided a copy of DA Form 8-275-3 (Clinical Record Cover Sheet), dated 9 June 1968, which shows the applicant sustained a fragment wound to his left knee as a result of hostile action on 9 June 1968 in Vietnam.  Item 25 (Selected Administrative Data) on this form shows “Purple Heart not awarded this hospital”. 

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.  The Board noted the applicant’s contention that he sustained an injury to his left knee as a result of hostile action on 9 June 1968 in Vietnam.

2.  Medical evidence of record supports the applicant’s contention and shows that the applicant sustained a fragment wound to his left knee as a result of hostile action on 9 June 1968 in Vietnam.  Therefore, the applicant is entitled to correction of his military records to show award of the Purple Heart.

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 awarded the Purple Heart.

BOARD VOTE:  

JHL_____  JNL_____  MHM___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		JoAnn H. Langston____
		        CHAIRPERSON

INDEX

CASE ID	AR2000038419	
SUFFIX		
RECON		
DATE BOARDED	20000629	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19680728	
DISCHARGE AUTHORITY	AR 635-200 Chapter 5	
DISCHARGE REASON	Seasonal employment	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.