PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            5 December 2000
	DOCKET NUMBER:   AR2000048453

	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. Hubert S. Shaw, Jr.		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 reconsideration of his original request for award of the Purple Heart.

3.  The applicant states that he has new evidence.

4.  The applicant’s military records show that he enlisted on 21 August 1967 for a period of 3 years.  He served as a light weapons infantryman in Vietnam from 22 February 1969 through 29 March 1970 and was honorably released on 29 March 1970.  The applicant’s DD Form 214, which was authenticated in his own hand, does not show the Purple Heart as an authorized award. 

5.  Incorporated herein by reference are military records which were summarized in a memorandum prepared to reflect the Board's original consideration of the applicant’s case (Docket Number AR2000041531) on 12 September 2000 

6.  The applicant provided an award certificate for the Purple Heart which states that he was awarded the Purple Heart for wounds sustained in Vietnam on 4 October 1969.  The award certificate was dated 5 October 1969 and was authenticated by a Medical Corps Colonel.

7.  The applicant also provided a copy of a DA Form 8-275-3 (Clinical Record Cover Sheet).  This document shows he was admitted to the 6th Convalescent Center upon transfer from the 67th Evacuation Hospital.  This medical record indicates that the applicant was a battle casualty due to a fragment wound to the scalp sustained at approximately 0930 hours on 4 October 1969. 

8.  Army Regulation 600-8-22 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.

9.  U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) governed award of the Purple Heart in Vietnam.  The regulation stated that authority to award the Purple Heart was delegated to hospital commanders.  Further, it directed that all personnel treated and released within 24 hours will be awarded the Purple Heart by the organization to which the individual is assigned. Personnel requiring hospitalization in excess of 24 hours or evacuation from Vietnam will be awarded the Purple Heart directly by the hospital commander rendering treatment.

CONCLUSIONS:

1.  The Board originally denied the applicant’s request for award of the Purple Heart based on no evidence of wounds resulting from hostile action.
2.  The applicant requested reconsideration based on new evidence which he obtained from records maintained by the Department of Veterans Affairs.  

3.  New evidence submitted by the applicant shows that he received the Purple Heart for wounds sustained as a result of hostile action on 4 October 1969 in Vietnam and that award was authorized by a hospital commander.

4.  The Board finds that the award certificate and the medical records submitted by the applicant are sufficient as a basis for award of the Purple Heart.  Therefore, the U.S. Total Army Personnel Command should promulgate orders authenticating this award of the Purple Heart to the applicant and his records should be corrected to show award of the Purple Heart for wounds sustained in Vietnam on 4 October 1969.

5.  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 the individual concerned was awarded the Purple Heart for wounds sustained in Vietnam on 4 October 1969.

BOARD VOTE:  

__AMC__  __JAM__  __ALR___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Ms. Ann M. Campbell_
		        CHAIRPERSON

INDEX

CASE ID	AR2000048453	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20001205	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY	MR SCHNEIDER	
ISSUES         1.	107.0015.0000	
2.		
3.		
4.		
5.		
6.