PROCEEDINGS

	IN THE CASE OF:     

	BOARD DATE:           22 March 2001                  
	DOCKET NUMBER:   AR2000049482

	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. W. E. Schnupp		Analyst	

  The following members, a quorum, were present:

	Ms. Shirley L. Powell		Chairperson	
	Mr. Regan k. Smith		Member	
	Mr. John P. Infante		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 DD Form 214, Report of Transfer or Discharge, be corrected to show that he was awarded the Purple Heart as well as any other awards to which he is entitled.

3.  The applicant states that he was wounded by enemy action on 19 December 1967 and was overlooked for the Purple Heart when he separated on 27 September 1968.

4.  In support of his request, he submits a copy of his DD Form 214, a copy of a Clinical Record Cover Sheet reflecting that he was treated for fragment wounds to the shoulder on 19 December 1967, a copy of a Clinical Record Consultation Sheet showing that he was referred for evaluation of a fragment wound to the shoulder and a copy of the Report of Medical Examination prepared in conjunction with his separation processing in which it is reflected that he suffered a shoulder wound during his service.

5.  The applicant’s military records show that he was inducted on 28 September 1966 and served as a gunner (artillery) in Vietnam from March 1967 to March 1968.  He was honorably discharged at the expiration of his term of service on 27 September 1968 in the grade of sergeant.

6.  His awards include the National Defense Service Medal, the Bronze Star Medal, the Vietnam Campaign Medal with 1960 Device and the Vietnam Service Medal with 1 Bronze Service Star.

7.  The Clinical Record Cover Sheet he provided shows that he was treated for penetrating wounds of the left shoulder due to fragments from an artillery round on 19 December 1967.  The unit commander and the treating surgeon determined that the wounds were sustained in the line of duty.  The form contains the annotation – Purple Heart not awarded this station.

8. The Clinical Record Consultation Sheet he provided, dated 9 February 1968 shows that he was referred for further evaluation/treatment of a shrapnel fragment wound to the shoulder. 

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

10.  Instructions for awarding the Purple Heart also provide that individuals wounded or killed as a result of “friendly fire” in the “heat of battle” will be awarded the Purple Heart as long as the “friendly” projectile or agent was released with the full intent of inflicting damage or destroying enemy troops or equipment.

CONCLUSIONS:

1.  Evidence of record confirms that the applicant was wounded in the shoulder by shrapnel from artillery fire in Vietnam.  As such, his wounds appear to meet the definition of wounds sustained in combat (albeit from friendly fire) and he is entitled to the Purple Heart.

2.  In reviewing his military records, it does not appear that he is entitled to any other awards or decorations that are not already listed on his DD Form 214.

3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Purple Heart for wounds sustained on 19 December 1967 in Vietnam.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

___slp___  ____rks_  ____jpi __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__________Shirley L. Powell_________
		        CHAIRPERSON

INDEX

CASE ID	AR2000049482	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010322	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.  107.00		
2.		
3.		
4.		
5.		
6.