PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            13 February 2001
	DOCKET NUMBER:   AR2000048580

	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. Deyon D. Battle		Analyst	

The following members, a quorum, were present:

	Ms. June Hajjar		Chairperson	
	Ms. Shirley L. Powell		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, in two separate applications, that his records be corrected to show the award of the Purple Heart and that the Combat Infantryman Badge (CIB) be included on his Report of Transfer or Discharge (DD Form 214).

3.  The applicant states, in effect, that he received shrapnel wounds to his left Arm on 9 January 1966 and the fact that he was wounded was never included on his DD Form 214.  He also states that he was awarded the CIB, which was also omitted from his DD Form 214.

4.  The applicant’s military records show that on 20 January 1965 he enlisted in the Army for 3 years in the pay grade of E-1.  He successfully completed his training as a light weapons infantryman.  On 21 September 1965 he was transferred to Vietnam and he was assigned to Company A, 1st Battalion, 28th Infantry Division.

5.  His awards include the National Defense Service Medal, the Vietnam Service Medal with 2 bronze service stars, the Republic of Vietnam Campaign Medal with Device 1960, the Overseas Service Bar and the Marksman Badge (Rifle M-14).

6.  The applicant’s Enlisted Qualification Record (DA Form 20) also shows that the applicant was awarded the CIB on 8 December 1965.  However, the CIB was not included on his DD Form 214.

7.  The evidence of record shows that, while in Vietnam, the applicant was treated by a medical officer for shrapnel wounds that he received to his left upper arm on 9 January 1966.  However, the information is not included on his DA Form 20.

8.  The applicant returned to the Continental United States on 15 September 1966 and he was honorably discharged at the expiration of his term of service on 19 January 1968.  He had completed 3 years of total active service.

9.  Army Regulation 672-5-1 provides, in pertinent part, that the Purple Heart is awarded for a wound/injury sustained as a result of hostile action by the enemy. Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record.

CONCLUSIONS:

1.  During the preparation of the applicant’s DD Form 214 an administrative error was made which resulted in the omission of the CIB.

2.  The evidence of record clearly shows that he was awarded the CIB on 8 December 1965 and his DD Form 214 should be amended accordingly.

3.  While the evidence of record does not show that the applicant’s shrapnel wounds were the result of hostile action, the evidence of record clearly shows that he was treated by a medical officer for shrapnel wounds that he received in his left arm.  Since he was serving in an infantryman military occupational specialty and was assigned to an infantryman division it is reason to presume that his wounds were the result of hostile action.

4.  The failure of the Department to record the correct information regarding the applicant’s wounds and Purple Heart on his DA Form 20 and DD Form 214 apparently was an administrative error.  Therefore, in the interest of justice, it would be appropriate to award the applicant the Purple Heart for the wound/injury he received to his left upper arm.

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:

a.  by awarding the individual concerned the Purple Heart for fragment wounds he received to his left upper arm on 9 January 1966 in the Republic of Vietnam while serving in the rank of private first class; and

b.  by showing that he was awarded the Combat Infantryman Badge on 8 December 1965, while in Vietnam.

BOARD VOTE:  

___hbo__  ___slp __  ___jh  ___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_____June Hajjar  ______
		        CHAIRPERSON

INDEX

CASE ID	AR2000048580	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/02/13	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  46	107.0000	
2.  61	107.0015	
3.  157	107.0111	
4.		
5.		
6.