PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           10 April 2001     
	DOCKET NUMBER:   AR2001052704

	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	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Ms. Sherri V. Ward		Chairperson	
	Mr. George D. Paxson		Member	
	Mr. James E. Anderholm		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 he was wounded on 2 November 1968 in Vietnam as a result of hostile action.  In support of his application, he submits medical documentation to support his claim. 

4.  The applicant’s military records show that he was inducted on 10 April 1967.  He served as an infantryman in Vietnam from 14 April 1968 through 2 April 1969 and was honorably released on 3 April 1969. 

5.  The applicant’s DD Form 214 (Report of Transfer or Discharge) does not show the Purple Heart as an authorized award. 

6.  The applicant provided a copy of a DA Form 8-275-3 (Clinical Record Cover Sheet), dated 2 November 1968, which shows that he sustained a fragment wound to his right leg by a booby trap on 2 November 1968 in Vietnam.  The clinical record also states that the injury was incurred as a result of hostile action. Item 25 (Selected Administrative Data) on the clinical record states “No Purple Heart awarded this Hospital”.   

7.  The applicant’s military records contain a Western Union Telegram, dated
4 November 1968, which states the applicant received a fragment wound to his right leg when he was hit by fragment from a hostile booby trap in Vietnam on
2 November 1968.

8.  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, and the medical treatment must have been made a matter of official record.

CONCLUSIONS:

1.  The applicant was wounded as a result of hostile action on 2 November 1968 in Vietnam.  Therefore, the applicant is entitled to correction of his military records to show award of the Purple Heart. 

2.  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.

BOARD VOTE:  

SVW____  GDP___  JEA_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_Sherri V. Ward_______
		        CHAIRPERSON

INDEX

CASE ID	AR2001052704	
SUFFIX		
RECON		
DATE BOARDED	20010410	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19690403	
DISCHARGE AUTHORITY	AR 635-200 Chapter 5	
DISCHARGE REASON	Overseas Returnee	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.