PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            20 March 2001
	DOCKET NUMBER:   AR2000049783

	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:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Raymond J. Wagner		Member	
	Mr. William D. Powers		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 he be awarded the Purple Heart.

3.  The applicant states that he was wounded in combat in Vietnam on 16 June 1971 and was told that his award of the Purple Heart would follow him after he was evacuated from Vietnam.  However, he never received it.  He further states that he is currently receiving 50% service-connected disability for his wounds.

4.  The applicant’s military records show that he was inducted in Jackson, Mississippi on 26 August 1970.  He successfully completed his training and was transferred to Vietnam on 14 February 1971 for duty as a light weapons infantryman.

5.  On 16 June 1971, while serving in the rank of specialist four (SP/4) with Company D, 1st Battalion, 52d Infantry,198th Infantry Brigade, he was wounded in action and was subsequently evacuated to a hospital in Okinawa on 21 June 1971 and to a hospital at Fort Polk, Louisiana on 1 July 1971.  

6.  On 27 June 1971, the company executive officer authored a recommendation for promotion of the applicant to the pay grade of E-5.  He indicated at that time that due to a lack of promotion allocations the applicant had not been able to be promoted.  He also indicated that the applicant was iminently qualified and deserving of the promotion and further indicated that the applicant was acting as a team leader when he was wounded.  He recommended that the applicant be promoted soonest.

7.  The applicant was transferred to Fort Carson, Colorado on 20 August 1971 and he remained there until 15 October 1971, when he was honorably discharged under the provisions of Army Regulation 635-200, for hardship.  He had served 1 year, 1 month and 20 days of total active service and his report of separation shows that he was awarded the Bronze Star Medal (BSM) with three oak leaf clusters (3/OLC), the National Defense Service Medal, the Vietnam Campaign Medal and the Vietnam Service Medal with one bronze service star.   

8.  However, his records also show that he was also awarded the Combat Infantryman Badge (CIB), the BSM with “V” device for valor, the Air Medal (AM), the Army Commendation Medal (ARCOM), and the Good Conduct Medal.  However, these awards were never entered on his DD Form 214.  Therefore, it would be in the interest of justice to do so at this time.  

9.  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 a result of hostile action, that the wound must have required treatment by a medical officer, and that the medical treatment was made a matter of official record.
CONCLUSIONS:

1. The applicant’s contention that he was wounded in combat and that he should be entitled to an award of the Purple Heart appears to have merit.  The applicant was clearly wounded on 16 June 1971, was treated by medical personnel and the actions were properly recorded in his medical records.  However, an administrative oversight apparently resulted in his not being awarded the Purple Heart for his wounds.  Therefore, it would be in the interest of justice to do so at this time. 

2.  Likewise, it also appears that an administrative error resulted in the omission of the CIB, the BSM with “V” device, the ARCOM, the AM and the GCMDL from his report of separation.  Therefore, his records should be correctly to properly reflect those awards as well.

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 sustained in action against the enemy in Vietnam on 16 June 1971 while serving in the rank of specialist four and by showing that he was awarded the CIB, BSM with “V” device, the ARCOM, the AM, and the GCMDL.

BOARD VOTE:  

___fe ___  __rjw ___  __wdp___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_____Fred N. Eichorn_____
		        CHAIRPERSON

INDEX

CASE ID	AR2000049783	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/03/20	
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.