PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           5 December 2000           
	DOCKET NUMBER:   AR2000048348

	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:

	Ms. Ann M. Campbell		Chairperson	
	Mr. Allen L. Raub		Member	
	Mr. Jose A. Martinez		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 correction of item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214 (Report of Transfer or Discharge) to show award of the Purple Heart.  

3.  The applicant states that the award of the Purple Heart was left off of his DD Form 214.  He contends that he was awarded the Purple Heart in Vietnam in 1968 while a member of the 1st Battalion,12th Infantry, 4th Infantry Division.  In support of his application, he submits a copy of his DD Form 214.

4.  The applicant’s military records show that he enlisted on 23 August 1968 for a period of 2 years.  He served as an infantry indirect fire crewman in Vietnam from 15 March 1969 through 14 March 1970 and was honorably released on 
12 November 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 9 January 1970.    

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.  The applicant was wounded as a result of hostile action on 9 January 1970 in Vietnam.  Therefore, the applicant is entitled to correction of item
24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214 to show award of the Purple Heart.

2.  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 adding the entry “Purple Heart” in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on the DD Form 214 of the individual concerned.  

BOARD VOTE:  

AMC____  ALR____  JAM_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Ann M. Campbell_______
		        CHAIRPERSON

INDEX

CASE ID	AR2000048348	
SUFFIX		
RECON		
DATE BOARDED	20001205	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19701112	
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.