PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           21 August 2001                   
	DOCKET NUMBER:   AR2000048986

	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	
	Mrs. Joyce A. Hall		Analyst	

  The following members, a quorum, were present:

	Mr. James E. Vick		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Mr. William D. Barr		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 award of the Purple Heart.

3.  The applicant states in effect, that while serving in Vietnam with Battery A, 
1st Battalion, 77th Artillery, 1st Cavalry Division, he was wounded defending LZ Peanuts near Khe Sanh.  The incident took place the night/early morning of 
5 May 1968.  His unit was overrun by enemy forces that had made their way inside their perimeter.  The fighting was close, they engaged in hand to hand combat.  It was during the hand to hand combat that he was wounded in his right shoulder by a bayonet.  He was also burned on his hands, arms and forehead.  Since his injury was not life threatening he was not evacuated with the more serious injuries.  He was treated by his buddies and by the battery medic.  The applicant submits a signed statement from his former battery commander and copies of various documents in support of his application.

4.  The applicant’s military records were lost or destroyed in the National Personnel Record Center fire of 1973.  Information herein was obtained from alternate sources.

5. The applicant’s former battery commander, states that he and the applicant served together in Battery A, 1st Battalion, 77th Field Artillery, First Cavalry Division in 1968.  He was the battery commander from February to July 1968.
The applicant joined the battery at a small firebase named “Peanuts” located to the west of Khe Sanh, Republic of South Vietnam.  It was at this firebase that the applicant was wounded in the enemy attack.  On 4 May 1968, the battery was set on fire and was subjected to ground attack.  It was during that attack that the applicant suffered burns to his body and face.  On 5 May 1968, the battery was extracted to LZ Jane to the north of Hue City to be re-outfitted and to receive replacement of personnel.  The applicant received medical treatment on the firebase by the battery medic.  Because the applicant could be treated by the battery medic and his injuries were not life threatening he was not evacuated.  The applicant was retained to assist in evacuating the wounded, identifying the dead and to recover damaged equipment.  There were no records kept of the applicant’s medical treatment, the unit did not have any medical records or forms to document the injuries.  The applicant’s medical records were maintained at the 1st Cavalry Division’s base camp.  Because the applicant’s injuries were minor, he was treated in the field by the battery medic and his medical records were not updated.

6.  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 by a medical officer, and the medical treatment must have been made a matter of official record.

CONCLUSIONS:

1.  While service and medical records are not available to verify that the applicant received treatment for his wounds, the supporting statement by the applicant’s former Battery Commander offer credible verification of his battle injury and a plausible explanation of why medical documentation is not available.

2.  In view of the foregoing, the applicant is entitled to award of the Purple Heart.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by awarding the individual concerned the Purple Heart and correcting his record to show the award of the Purple Heart.

BOARD VOTE:  

__jev___  __bje___  __wdb___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			James E. Vick
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000048986	
SUFFIX		
RECON		
DATE BOARDED	20010821	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.