PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            26 September 2000                  
	DOCKET NUMBER:   AR2000042229

	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. Arthur A. Omartian		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. Thomas F. Baxter		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 while on a mission at a firebase outside of Quang Tri, Vietnam, he and several members of his unit were injured by hostile action in July or August 1969.  He contends that he sustained shrapnel wounds to his right shoulder.  In support of his application, he submits a letter from the Disabled American Veterans (DAV) in Louisville, Kentucky, dated 9 May 2000; and a copy of his DD Form 214 (Report of Transfer or Discharge).  The DAV in Louisville, Kentucky, subsequently submitted additional documentation on behalf of the applicant’s claim for award of the Purple Heart.  In summary, the DAV submitted the records of a member of the applicant’s unit who they contend was wounded in the same action on 3 August 1969.  

4.  The DAV in Washington, D.C., as counsel for the applicant, notes the applicant’s contention that he was wounded in July or August near a firebase in Quang Tri, Vietnam.  Counsel also notes that as evidence the DAV in Louisville, Kentucky, submitted the records of a member of the applicant’s unit who was wounded as a result of hostile action on 3 August 1969 in Quang Tri, Vietnam.  Counsel contends that a review of the evidentiary record shows the plausibility of the applicant’s assertion of being wounded in a combat engagement as highly likely.  The DAV also notes that the VA Medical Center in Louisville, Kentucky, has medical evidence of a retained foreign body in the applicant’s right shoulder. Counsel states that if a favorable decision cannot be made with the records available and the Board believes it may be done after receipt of the VA records, then they request a decision be deferred and the applicant be requested to submit that evidence.       

5.  The applicant’s military records show that he was inducted on 12 December 1967.  He served as an armor intelligence specialist in Vietnam for one year and was honorably released on 25 August 1969.

6.  The applicant’s DD Form 214, which was authenticated in his own hand, does not show the Purple Heart as an authorized award.  

7.  There are no orders in the applicant’s service personnel records which show that he was awarded the Purple Heart.  There also is no evidence in his records that he was wounded or treated for wounds as a result of hostile action.

8.  XXIV Corps General Orders Number 1055, dated 21 July 1969, show the applicant was awarded the Army Commendation Medal for meritorious achievement in Vietnam during the period 29 August 1968 to 28 February 1969.  This award is not shown on his discharge document.

9.  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 was wounded in Vietnam.  However, there is no evidence of record, and the applicant nor his counsel have provided any evidence, which shows that the applicant was wounded or treated for wounds as a result of hostile action in Vietnam. 

2.  The Board also noted the record of wounds sustained by a fellow soldier who served in the same unit.  However, this evidence is not a basis for award of the Purple Heart to the applicant.  Therefore, the applicant is not entitled to award of the Purple Heart.

3.  The Board noted the counsel’s request to defer the Board’s decision for additional VA documentation.  However, the Board determined that if “VA records” support the applicant’s claim for award of the Purple Heart, then the applicant may submit those records in support of a request for reconsideration.  Therefore, the Board concluded that it was not necessary to defer a decision in this case.

4.  The applicant was awarded the Army Commendation Medal; therefore, he is entitled to correction of his DD Form 214 to show this award.

5.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Army Commendation Medal.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

AAO_____  MHM___  TFB_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_Arthur A. Omartian___
		        CHAIRPERSON

INDEX

CASE ID	AR2000042229	
SUFFIX		
RECON		
DATE BOARDED	20000926	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19690825	
DISCHARGE AUTHORITY	AR 635-200  	
DISCHARGE REASON	Overseas Returnee	
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.	107.0020	
3.		
4.		
5.		
6.