PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            7 December 2000                  
	DOCKET NUMBER:   AR2000045762

	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. Raymond V. O’Connor		Chairperson	
	Mr. John P. Infante		Member	
	Mr. Ernest W. Lutz		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 that he was wounded in action in Vietnam when the armored personnel carrier in which he was riding hit a land mine.  In support of his application, he submits a copy of a Privacy Act statement dated 16 August 1999; a copy of his DD Form 214 (Report of Transfer or Discharge); and a copy of an undated VA Form 21-6782 (Original Disability Compensation).

4.  The applicant’s military records show that he was inducted on 28 February 1968.  He served as a light weapons infantryman in Vietnam from 10 August 1968 through 27 February 1969 and was honorably released on 27 February 1970.

5.  The applicant’s DD Form 214 does not show the Purple Heart as an authorized award. 

6.  The applicant’s personnel records fail to show that he was awarded the Purple Heart or was wounded or treated for wounds as a result of hostile action in Vietnam.  However, the applicant’s name appeared on the Vietnam Casualty Roster as a combat casualty on 26 January 1969.    

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.  There is no evidence in the applicant’s service personnel records which shows he was wounded as a result of hostile action or awarded the Purple Heart. 

2.  The applicant’s contention that he was wounded in action in Vietnam is supported by an entry on the Vietnam Casualty Roster.    

3.  The Vietnam Casualty Roster shows the applicant was wounded as a result of hostile action on 26 January 1969 in Vietnam.  The Board finds this evidence sufficient as a basis for award of the Purple Heart.  Therefore, the applicant is entitled to award of the Purple Heart and correction of his military records to show this 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 showing that the individual concerned was awarded the Purple Heart for wounds sustained as a result of hostile action on 26 January 1969 in Vietnam.

BOARD VOTE:  

RVO____  JPI_____  EWL_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Raymond V. O’Connor___
		        CHAIRPERSON

INDEX

CASE ID	AR2000045762	
SUFFIX		
RECON		
DATE BOARDED	20001207	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19700227	
DISCHARGE AUTHORITY	AR 635-200  	
DISCHARGE REASON	Expiration term of service	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.