PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            12 December 2000
	DOCKET NUMBER:   AR2000048038

	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	
	Mr. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Ms. Lana E. McGlynn		Member	
	Mr. Harry B. Oberg		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 records be corrected to reflect his award of the Purple Heart.

3.  The applicant states that he was awarded the Purple Heart in Vietnam for a wound to his right hip area; however, his report of separation (DD Form 214) does not reflect that award. 

4.  The applicant’s military records show that he was inducted in Phoenix, Arizona on 5 April 1967 and upon completion of his training was transferred to Vietnam on 14 September 1967 for duty as a light weapons infantryman.  He was promoted to the pay grade of E-5 on 1 July 1968. 

5.  His records show that he received an injury to his nose when he ran into a rubber tree during a mortar attack on 4 November 1967 and was treated several times by medical personnel for that injury.  His records also indicate (under wounds) that he received mortar wounds to the trunk and extremities on 15 August 1968. 

6.  He departed Vietnam on 8 September 1968 for Fort Lewis, Washington where he served until he was honorably released from active duty on 4 April 1968 due to the expiration of his term of service.  His DD Form 214 indicates that he was awarded the National Defense Service Medal, the Vietnam Campaign Medal, and the Combat Infantryman Badge.   

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

CONCLUSIONS:

1.  Although the applicant’s records do not contain a copy of the orders awarding him the Purple Heart, the Board is inclined to believe that he was awarded the Purple Heart as he states because he was entitled to receive the award for his wounds.

2.  Therefore, it is logical to presume that the absence of the orders in his records was the result of an administrative oversight and that it should be corrected at this time.

3.  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 received in Vietnam on 15 August 1968.

BOARD VOTE:  

__hbo___  __fe ____  ___lem__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_____Fred Eichorn______
		        CHAIRPERSON

INDEX

CASE ID	AR2000048038	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2000/12/12	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  189	110.0000/CORR 214	
2.  61	107.0015/PH	
3.		
4.		
5.		
6.