PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:  19 April 2001
	DOCKET NUMBER:  AR2001051476

	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. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Mr. Curtis L. Greenway		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 his medical records show that he was wounded in the eye.  He submits copies of several military clinical records and a VA rating decision in support of his application.

4.  The applicant’s military records show that he was inducted and entered active duty on 9 March 1966.  After completion of training as an armor intelligence specialist he was retained at Fort Hood, Texas.  He served in Vietnam for 6 months and 19 days as an armor intelligence specialist.

5.  Effective 28 February 1968 he was separated from active duty in the pay grade of E-5 and transferred to the USAR.  His DD Form 214 (Report of Transfer or Discharge) does not show the Purple Heart as an authorized award.

6.  A copy of a chronological record of medical care, dated 16 September 1967, shows that he was treated for a metal fragment imbedded in his right eye.  The basis for the injury is shown as resulting from a 15 September 1967 explosion from a canister round, 15 meters from his position, while firing at the enemy.  The record shows that he was admitted to the hospital for 5 days and released to his unit on medication.

7.  Army Regulation 600-8-22 provides that the Purple Heart is awarded to an individual who is wounded in action against an enemy of the United States, the wound must have required medical treatment, and the medical treatment must have been made a matter of record.

8.  Included as part of the Department of Defense Appropriations Act for fiscal year 1994 was an amendment to the rules governing award of the Purple Heart.  While the original rules established that the Purple Heart would be awarded to individual's killed or wounded as a result of hostile action, the amendment enabled the Secretaries of each department to award the Purple Heart to members of the armed forces who were killed or wounded in action by weapons fire, while directly engaged in armed conflict, other than as the result of an act of an enemy of the United States.  This ruling, in effect, granted the service Secretaries the authority to award the Purple Heart to individuals directly engaged in armed conflict who were killed or wounded as a result of "friendly fire."

CONCLUSIONS:

1.  Notwithstanding that the individual was originally treated for an eye injury sustained from friendly weapons fire, he was injured while engaged in action against the enemy on 15 September 1967.
2.  Recent changes have been implemented which authorize award of the Purple Heart to individuals directly engaged in armed conflict who were wounded as a result of "friendly fire."

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 for the individual concerned be corrected by showing that he was wounded in action against the enemy on 15 September 1967 and entitled to the award of the Purple Heart.

BOARD VOTE:  

__js___  ___be____  __cg____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____John N. Slone______
		        CHAIRPERSON

INDEX

CASE ID	AR2001051476	
SUFFIX		
RECON		
DATE BOARDED	20010419	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.