PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            18 October 2001
	DOCKET NUMBER:   AR2001057194

	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. Deyon D. Battle		Analyst	

The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Melvin H. Meyer		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 that he be awarded the Purple Heart.

3.  The applicant states that he spent 7 days in the hospital after being wounded while he was in Vietnam.  In support of his appeal he submits copies of three letters that he wrote to his parents dated 31 August, 20 September and 22 September 1970, indicating that he had been wounded in the leg.

4.  The applicant’s military records show that he was inducted into the Army in Omaha, Nebraska on 24 June 1969.  He successfully completed his training as a light weapons infantryman.  He was transferred to Vietnam on 31 October 1969 and he was promoted to pay grade of E-5 on 4 April 1970.

5.  His awards include the National Defense Service Medal, the Combat Infantryman Badge, the Army Commendation Medal, the Bronze Star Medal, the Vietnam Service Medal w/two Bronze Stars, the Vietnam Campaign Medal w/Device 1960, the Sharpshooter Badge (rifle M-14) and the Expert Badge 
(rifle M-16).

6.  A review of the records shows that the applicant was hospitalized on 31 August 1970 after he sustained a gunshot wound to his left thigh.  The Casualty Reference Name Listing for the period covering 1 January 1961 through 30 Jun 1973, maintained by The Adjutant General’s Office (TAGO) shows that he was wounded in action on 31 August 1970.  The records also show that on 31 August 1970, while he was hospitalized, the applicant wrote a letter to his parents informing them that he had been shot in the leg while he was setting up security for a supply helicopter.  He was discharged from the hospital on 6 September 1970, after his sutures were removed.

7.  He returned to the Continental United States on 29 October 1970 and he was honorably discharged on 23 June 1971 at the expiration of his term of service.

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

CONCLUSIONS:

1.  The evidence of record shows that the applicant was in Vietnam when he sustained a gunshot wound to his left thigh while setting up security for a supply helicopter.  

2.  He was hospitalized from 31 August until 6 September 1970 and the casualty report maintained by the TAGO reflects that he was wounded in action.  Additionally, while he was hospitalized he wrote a letter to his parents informing them that he had been wounded.  Therefore, it is reasonable to presume that he is entitled to the Purple Heart for the wound he received on 31 August 1970.

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 the gunshot wound he received to his left thigh on 31 August 1970 as a result of hostile action by the enemy while serving in the rank of Sergeant (E-5).

BOARD VOTE:  

__fe ____  __mm  __  ___be___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Fred N. Eichorn _____
		        CHAIRPERSON

INDEX

CASE ID	AR2001057194	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/10/18	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  46	107.0000	
2.  61	107.0015	
3.		
4.		
5.		
6.