PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           21 November 2000                   
	DOCKET NUMBER:   AR2000044034

	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. Thomas A. Pagan		Chairperson	
	Mr. Roger W. Able		Member	
	Mr. Thomas E. O’Shaughnessy, 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 the award of the Purple Heart.

3.  The applicant states in effect, that he sustained injuries in January of 1968
while under hostile action.  He is not asking for any disability or payment from the government he just wants what he is entitled to.  It was not his fault that paper work was lost or that someone failed to submit it at that time.  He should not be denied the award because of someone else’s mistake.  He submits a copy of DA Form 1156 (Casualty Feeder Report) in support of his application.

4.  On 26 August 1966, the applicant was inducted in the Regular Army for
2 years.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 76Y (Unit & Supply Specialist).
The highest pay grade he achieved was pay grade E-4.  The applicant’s service record shows his conduct and efficiency ratings throughout his period of service as “excellent”.

5.  He was assigned to Company A, 801st Maintenance Battalion, 101st Airborne Division, Republic of Vietnam from December 1967 to August 1968.

6.  The applicant’s medical record shows that on 3 February 1968, he was treated at 101st Airborne Dispensary, Bien Hoa, for injuries to his head and hand which was caused by grenade fragments while under hostile action.  His medical record also shows that the physician recommended that the applicant be awarded the Purple Heart. The DA Form 1156, shows that the applicant’s injuries were battle related.

7.  On 18 August 1968, the applicant was honorably discharged and transferred to the U.S. Army Reserve.  He completed 1 year, 11 months and 23 days of creditable active service.  His Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) shows that he was awarded the National Defense Service Medal, the Vietnam Campaign Medal and the Vietnam Service Medal.  It does not show the Purple Heart award.

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, and the medical treatment must have been made a matter of official record.

9.  Army Regulation 600-8-22 provides for the award of the Army Good Conduct Medal is awarded for each 3 years of continuous enlisted active Federal Military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a soldier’s conduct and efficiency rating must have been rated as “excellent” for the entire period of qualifying service.

CONC	LUSIONS:

1.  The DA Form 1156, shows that the applicant received battle related injuries on 10 January 1968.  The applicant’s medical record clearly shows that he was wounded and was treated on 3 February 1968, for injuries that resulted from hostile action.  The available evidence also shows that the applicant’s doctor made a hand written recommendation for the applicant to be awarded the Purple Heart.

2.  The Board concludes that the applicant was wounded while engaged under hostile action.  Therefore, entitling him to the Purple Heart award.

3.  The evidence of record also shows that the applicant was entitled to the first award of the Army Good Conduct Medal for the period of 26 August 1966 to 
18 August 1968.

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 awarding the Purple Heart and the Army Good Conduct Medal to the individual concerned; and correcting his DD Form 214 to show that he was awarded the Purple Heart and the Army Good Conduct Medal.

BOARD VOTE:  

__tap___  __rwa___  __teo___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Thomas A. Pagan
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000044034	
SUFFIX		
RECON		
DATE BOARDED	20001121	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.