PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            31 July 2001
	DOCKET NUMBER:   AR2001059267

	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. Walter T. Morrison		Chairperson	
	Mr. John T. Meixell		Member	
	Mr. Arthur A. Omartian		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, in effect, that his records be corrected to reflect the award of the Purple Heart that he received for being wounded in combat in Vietnam.

3.  The applicant states, in effect, that he was awarded the Purple Heart for being wounded in Vietnam; however, it was never included on his report of separation (DD Form 214).  In support of his application he submits a piece of material from a Purple Heart Medal.

4.  The applicant’s military records show that he was inducted in Los Angeles, California on 17 January 1968.  He successfully completed his training and was transferred to Vietnam on 4 July 1968 for duty as a light weapons infantryman.

5.  His records show that on 24 October 1968 he received fragmentation wounds to the left shoulder; however, there is no indication in his records that he was awarded the Purple Heart for his wounds.  His records also show that he was awarded the Combat Infantryman Badge (CIB), the Vietnam Service Medal (VSM), the Republic of Vietnam Campaign Medal, the Bronze Star Medal (BSM), the National Defense Service Medal (NDSM) and the Republic of Vietnam Gallantry Cross with palm (RVNGCw/palm).

6.  He departed Vietnam on 3 July 1969 and was transferred to Fort Ord, California where he remained until he was honorably released from active duty on 3 February 1970.  He had served 2 years of total active service and his DD Form 214 indicates awards of the NDSM, VSM,RVNCM,CIB,and BSM. 

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’s records clearly show that he was wounded on 24 October 1968 and that the wound was made a matter of record.  Therefore, the Board accepts his contention that he was in fact awarded the Purple Heart and that the award was not made a matter of record at the time.  Accordingly, it would be in the interest of justice to correct this administrative oversight at this time.

2.  The Board also notes that his records show he was awarded the RVNGCw/palm unit citation and that it was also omitted from his DD Form 214 at the time of separation.  Therefore, it would also be appropriate to correct his records at this time to reflect that award as well.
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 and the RVNGCw/palm.

BOARD VOTE:  

__wtm __  _jm_____  __ao____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Walter T. Morrison____
		        CHAIRPERSON

INDEX

CASE ID	AR2001059267	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/07/31	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  189	110.0000/CORR 214	
2.  61	107.0015/PH	
3.  140	107.0094/RVNGC	
4.		
5.		
6.