PROCEEDINGS

	IN THE CASE OF:     

	BOARD DATE:           29 March 2001                  
	DOCKET NUMBER:   AR2000049787

	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. Edmund P. Mercanti		                        Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Christopher J. Prosser		Member	
	Mr. Lester Echols		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 he was awarded the Army Commendation Medal (ARCOM) with “V” device for valor for the incident in which he was wounded.  In support of his application he submits a copy of the general orders/citation awarding him the ARCOM with “V” device.

4.  The applicant’s military records show that he was inducted on 7 June 1967, was awarded the military occupational specialty of infantryman, and was promoted to sergeant, pay grade E-5.

5.  On 15 June 1968, while serving in Vietnam, the applicant was awarded the ARCOM with “V” device.  In the award citation it was stated that “Although wounded by a rocket which exploded near him, he neutralized the hostile launching position with a well aimed grenade round.”

6.  On 6 June 1969 the applicant was honorably released from active duty at the expiration of his term of service.  His separation documents show that his significant awards and decorations include the ARCOM with “V” device, The Bronze Star Medal with “V” device, and the Combat Infantryman Badge.

7.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for wounds 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.  The award citation for the applicant’s ARCOM with “V” device clearly shows that he was wounded in action again a hostile force.  

2.  While the Board was not furnished the applicant’s health records, it would appear reasonable to presume that he received medical attention for his wounds and thereby is entitled to the Purple Heart.  

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 showing that the individual concerned was awarded the Purple Heart for wounds he received on 15 June 1968 while serving in Vietnam.

BOARD VOTE:  

____jns__  ___cjp __  ____ls  __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___________John N. Slone______
		        CHAIRPERSON

INDEX

CASE ID	AR2000049787	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	YYYYMMDD	
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.