PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            8 February 2001
	DOCKET NUMBER:   AR2000048401

	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:

	Ms. JoAnn H. Langston		Chairperson	
	Mr. George D. Paxson		Member	
	Mr. Donald P. Hupman, 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 that his records be corrected to show that he was awarded the Purple Heart.

3.  The applicant states that he was wounded in Vietnam on 23 August 1968 when his artillery firing position was attacked by enemy forces.  However, his records have never reflect his entitlement to the Purple Heart.  In support of his application he submits a copy of the Western Union Telegram that was sent to his family when he was wounded.

4.  The applicant’s military records show that he enlisted in the Regular Army on 20 February 1967 for a period of 3 years.  He completed his training and was transferred to Germany for duty as a field artillery crewman.

5.  On 27 May 1967 he reenlisted for a period of 6 years and attendance at a military occupational specialty (MOS) producing school.  However, before he could attend his school he was transferred to Vietnam on 27 November 1967.  

6.  On 23 August 1968, while serving in the rank of corporal, he received fragmentation wounds to his right leg.  He was treated and hospitalized in Vietnam and subsequently returned to his unit.  There is no indication in the available records to show that he was ever awarded the Purple Heart for his wounds.

7.  He was promoted to the pay grade of E-5 on 7 October 1968 and was transferred to Fort Hood, Texas on 30 December 1968.  

8.  He continued to serve on active duty until 8 June 1971 when he was honorably discharged at Fort Bliss, Texas due to an unfulfilled enlistment commitment.  At the time of his discharge, his report of separation showed that he was authorized awards of the Good Conduct Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, and the Sharpshooter Marksmanship Badge.

9.  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.  The evidence of record clearly shows that the applicant was injured in combat on 23 August 1968 and that he received medical treatment for his injuries.  However, the evidence of record fails to show that he was ever awarded the Purple Heart for his wounds. 

2.  Accordingly, it would be in the interest of justice to award the applicant the Purple Heart for wounds received in action against the enemy in Vietnam, while serving in the rank of corporal, on 23 August 1968 and to correct his records accordingly.

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 awarding the individual concerned the Purple Heart for wounds received in Vietnam on 23 August 1968 while serving in the rank of corporal and to correct his separation documents accordingly.

BOARD VOTE:  

___dh___  ___jhl___  __gp____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___JoAnn H. Langston____
		        CHAIRPERSON

INDEX

CASE ID	AR2000048401	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/02/08	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  61	107.0015/PH	
2.		
3.		
4.		
5.		
6.