PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:  2 August 2001
	DOCKET NUMBER:  AR2001055887

	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. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond J. Wagner		Chairperson	
	Mr. John P. Infante		Member	
	Ms. Barbara J. Ellis		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 correction of item 24 (Awards and Decorations) of his DD Form 214 (Report of Transfer or Discharge) to show that he was awarded the Purple Heart and Bronze Star Medal.

3.  The applicant states that the Purple Heart and Bronze Star Medal were omitted from item 24 of his DD Form 214.  The applicant also states that he has submitted a copy of a Purple Heart Citation and orders for his Bronze Star Medal; however, these documents were not attached to his case.

4.  The applicant’s military records show he enlisted on 2 July 1969 as a light weapons infantryman.  He served in Vietnam from 14 May 1970 to 17 April 1971 and was honorably discharged on 17 April 1971.

5.  The applicant’s DD Form 214 does not show the Purple Heart or Bronze Star Medal as authorized awards.

6.  Item 40 (Wounds) of his DA Form 20 (Personnel Qualification Record) shows the entry “Fragment Wound, Right Leg 13Aug70” and the entry “Gunshot Wound to Right Hand & Powder Burns 6Jan71”. 

7.  The applicant’s personnel records contain a copy of a telegram from The Adjutant General of the Army which shows he was wounded in action in Vietnam on 13 August 1970, by fragments while on a combat operation when a hostile force was encountered and received a wound to his right leg.  His records also contain another telegram from The Adjutant General of the Army which shows that he was injured in Vietnam on 6 January 1971, when a weapon another individual was cleaning accidentally discharged hitting the applicant in the right hand.

8. There is no evidence in the available records which shows that he was recommended for or awarded the Bronze Star Medal.

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 the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.

10.  Army Regulation 600-8-22 provides in pertinent part, that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

CONCLUSIONS:

1.  The evidence of record shows that he received a fragment wound to his right leg on 13 August 1970 while serving in Vietnam as a result of hostile action. Therefore, he is entitled to correction of his records to show the award of the Purple Heart.

2.  The evidence of record also shows that he received a gunshot wound to his right hand on 6 January 1971 while serving in Vietnam which was not due to
hostile action.  Therefore he is not entitled to an award of the Purple Heart for his injury on 6 January 1971.

3.  There is no evidence or record, and the applicant has provided no evidence, which shows that he was recommended for or awarded the Bronze Star Medal; therefore, he is not entitled to this award.

4.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case for the individual concerned be corrected by showing in item 24 (Awards and Decorations) of his DD Form 214 that he was awarded the Purple Heart.

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

BOARD VOTE:  

__rw___  ___ji___  __be____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Raymond J. Wagner___
		        CHAIRPERSON

INDEX

CASE ID	AR2001055887	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010802	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19710417	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT//DENY	
REVIEW AUTHORITY		
ISSUES         1.  61		
2.  60		
3.		
4.		
5.		
6.