PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           7 November 2000                   
	DOCKET NUMBER:   AR2000039474

	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	
	Mrs. Joyce A. Hall		Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Ms. Paula Mokulis		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, correction of his Armed Forces of the United States Report of Transfer or Discharge, DD Form 214 to show he was awarded two Purple Hearts (PH).

3.  The applicant states in effect, that while service in the Republic of Vietnam (RVN) he was wounded twice.  His DD Form 214, does not show his awards.
He submits copies of his medical records in support of his application.

4.  The applicant’s military records show that he was ordered to active duty on
13 November 1965, after accepting a commission as 2LT in the U.S. Army Reserve.  He served in the RVN from August 1966 to June 1967.

5.  The applicant’s medical records are not available to the Board; however, there is one report in his military record pertaining to his 14 April 1967, injury.  He sustained facial wounds to the right side of his face and received abrasions to his chest.  He was hospitalized for one day and was placed on five days light duty and no field duty.

6. The applicant supplied copies of his medical records supporting his 14 April 1967, injury and the injury he received on 22 June 1967.  He suffered an injury to his right hip and a femoral neck fracture.  He was thrown from an Armor Personnel Carrier, which hit a land mine.  The Vietnam Casualty Roster furnished by Headquarters, Military Awards Branch, PERSCOM; Alexandria, VA substantiates the applicant’s two combat injuries.

7.  On 12 November 1967, the applicant was honorably discharged.  He completed 3 years, 5 months and 14 days of creditable active service.  He was awarded the National Defense Service Medal, the Republic of Vietnam Service Medal and the Republic of Vietnam Campaign Medal.  

8.  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.  The evidence available to the Board clearly shows that the applicant was wounded and was treated for injuries received on two separate occasions 
as a result of hostile action; therefore he was entitled to the PH awards.

2.  In view of the foregoing, it would be in the interest of justice to correct the applicant’s records as recommended below.
RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by adding the Purple Heart w/l oak leaf cluster to the applicant’s DD Form 
214.

BOARD VOTE:  

__gdp___  __mhm__  __pm___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			George D. Paxson
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000039474	
SUFFIX		
RECON		
DATE BOARDED	20001107	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.