PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            6 September 2001
	DOCKET NUMBER:   AR2001058578

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Luther L. Santiful		Chairperson	
	Mr. John T. Meixell		Member	
	Mr. Melvin H. Meyer		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 his report of separation (DD Form 214) be corrected to reflect his award of the Purple Heart.

3.  The applicant states, in effect, that he was awarded the Purple Heart but his DD Form 214 was never corrected to reflect the award.

4.  The applicant’s military records show that he was inducted on 21 November 1967.  He successfully completed his training and was transferred to Vietnam on 9 June 1968 for duty as a cannoneer with A Battery, 3rd Battalion 16th Artillery.  

5.  On 29 March 1969 he was admitted as a patient to the 7th Field Hospital and was subsequently transferred to Letterman General Hospital in San Francisco, California on 22 April 1969.  He remained there until he was honorably released from active duty (REFRAD) on 4 July 1969.  He had served 1 year, 7 months and 14 days of total active service and was awarded the National Defense Service Medal, the Vietnam Service Medal and the Republic of Vietnam Campaign Medal.  A the time of his REFRAD, his records indicated that he had no wounds.

6.  On 8 February 1980 the Army Reserve Personnel Center (ARPERCEN) issued the applicant the award of the Purple Heart for wounds received in action against the enemy in Vietnam on 23 February 1969.  It appears that information was taken from morning report entries to verify his entitlement to the award.  However, there is no indication that the award was ever added to his DD Form 214.

7.  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 a result of hostile action, that the wound must have required treatment by a medical officer, and that the medical treatment was made a matter of official record.

CONCLUSIONS:

1.  The applicant was clearly awarded the Purple Heart for wounds/injuries received in action against the enemy on 23 February 1969.  However, it appears that an administrative oversight resulted in his records not being corrected to reflect that award. 

2.  Accordingly, the Board finds that it would be in the interest of justice to do so at this time.

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.

BOARD VOTE:  

__jm____  ___mm__  ___ls ___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_____Luther Santiful______
		        CHAIRPERSON

INDEX

CASE ID	AR2001058578	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/09/06	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  61	107.0015/PH	
2.  189	110.0000/CORR 214	
3.		
4.		
5.		
6.