PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            2 November 2000                  
	DOCKET NUMBER:   AR2000045804

	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. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Ted S. Kanamine		Member	
	Mr. William D. Barr		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 he be awarded the Purple Heart.

3.  The applicant states that he was wounded under fire.  

4.  The applicant’s military records show that he enlisted in the Regular Army on 24 April 1969.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 11E (Armor Crewman). He was honorably discharged on 22 December 1969 for the purpose of immediately reenlisting on 23 December 1969.  (His Report of Transfer or Discharge, DD Form 214, was later amended to correct a typographical error.)

5.  The applicant arrived in Vietnam about 22 April 1970 and was assigned to C Troop, 1st Squadron, 11th Armored Cavalry Regiment and performed duties as a loader.  Several medical documents show that he received a gunshot wound of the left lower leg in Cambodia on 19 May 1970.  He was medically evacuated to the 3d Field Hospital on 20 May 1970; to the 249th General Hospital on 23 May 1970; and to Kenner Army Hospital, Fort Lee, VA around 1 June 1970.  A Record of Personal Effects – Military Operations, DD Form 1076 lists the applicant’s status as wounded in action. 

6.  Army Regulation 600-8-22 provides policy and criteria concerning individual military decorations.  In pertinent part, it states that the Purple Heart is awarded to any member of an Armed Force who has been wounded or killed in any action against an enemy of the United States.  The wound must have required treatment by a medical officer and records of medical treatment for wounds or injuries received in action must have been made a matter of official record. 

CONCLUSIONS:

1.  The applicant’s medical records plus information on the DD Form 1076 verify that he was wounded in action and therefore is entitled to award of the Purple Heart.

2.  The Board also notes that two original Correction to DD Form 214, Certificate of Release or Discharge from Active Duty, DD Forms 215, are filed in the applicant’s records.  It appears the member was not provided his copies of these documents.

3.  In view of the foregoing, 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 awarding the applicant the Purple Heart for wounds received in action on 19 May 1970 and by amending his DD Form 214 for the period ending 10 May 1971 to add the Purple Heart.

2.  That the applicant’s copies of the two original DD Forms 215 on file be provided to him.

BOARD VOTE:  

__fne___  __tsk___  __wdb___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Fred N. Eichorn
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000045804	
SUFFIX		
RECON		
DATE BOARDED	20001102	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.