PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            28 September 2000
	DOCKET NUMBER:   AR2000040709

	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. Deyon D. Battle		Analyst	

The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Ernest M. Willcher		Member	
	Mr. Donald P. Hupman, Jr.		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 his Report of Transfer or Discharge (DD Form 214) be amended to show the award of the Purple Heart.

3.  The applicant states that he received the Purple Heart while he was in the field in 1970 and the award is not shown on his DD Form 214.  In support of his appeal he submits a letter from his wife dated 8 April 2000, stating that her husband was in possession of a Purple Heart in 1970.  He also submits a copy of a Veterans Administration rating decision dated 24 May 1971, which indicates that he was awarded a 60 percent service connected disability rating.  Two letters from the Disabled American Veterans dated 23 May 1973 and 16 October 1978 showing service connected disability ratings are also included with his application to this Board.

4.  The applicant’s military records show that he was inducted in the Army on 17 February 1969 at Fort Campbell, Kentucky.  He successfully completed his training as a light weapons infantryman.  On 20 June 1969, upon completion of his Advanced Individual Training, he was transferred to Vietnam.

5.  His awards include the Army Commendation Medal, the National Defense Service Medal, the Vietnam Service Medal, the Combat Infantryman Badge, the Republic of Vietnam Campaign Ribbon w/Device (1960) and the Marksman Badge (M-14 and M-16 Rifles).

6.  The applicant’s Enlisted Qualification Record (DA Form 20) shows that on 11 February 1970, the applicant sustained a fragment wound to his left buttocks while his was in Vietnam.  However, his DD Form 214 fails to show the award of the Purple Heart.

7.  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 the result of hostile action, the wound/injury must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record.

CONCLUSIONS:

1.  An administrative error was made during the preparation of the applicant’s DD Form 214, which resulted in the award of the Purple Heart being erroneously omitted.

2.  The evidence clearly shows that the applicant was sustained a fragment wound to his left buttocks on 11 February 1970 while he was in Vietnam.  

3.  It is reasonable to believe that the wound was the result of hostile action by the enemy and, at some point, he was in possession of the Purple Heart and his DD Form 214 should be amended to reflect the award.

4.  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 amending the DD Form 214 of the individual concerned to show that he was awarded the Purple Heart for wounds/injuries received on 11 February 1970.

BOARD VOTE:  

___emw _  __dh____  __rvo___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Raymond V. O’Connor, Jr.__
		        CHAIRPERSON

INDEX

CASE ID	AR2000040709	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2000/09/28	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  46	107.0000	
2.  61	107.0015	
3.		
4.		
5.		
6.