PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           6 November 2001    
	DOCKET NUMBER:   AR2001061536

	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. Deborah S. Jacobs		Chairperson	
	Mr. Elzey J. Arledge, Jr.		Member	
	Mr. Donald P. Hupman, Jr.		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 his DD Form 214 (Report of Transfer or Discharge) to show award of the Purple Heart. 

3.  The applicant states that he was wounded on 6 September 1969 in Vietnam.  In support of his application, he submits a copy of his DD Form 214; reassignment orders, dated 18 February 1970; and an award certificate for the Purple Heart. 

4.  The applicant’s military records show that he was inducted on 28 March 1968. He served as a light weapons infantryman in Vietnam from 18 September 1968 through 13 September 1969 and was honorably released on 27 March 1970. 

5.  The applicant’s DD Form 214 does not show the Purple Heart as an authorized award.  There are no orders for the Purple Heart in the applicant’s personnel service records.  

6.  The applicant provided an award certificate, dated 15 September 1969, which shows he received the Purple Heart for wounds received in action on 
6 September 1969 in Vietnam.

7.  The Awards Branch of the U.S. Total Army Personnel Command confirmed that the applicant was awarded the Purple Heart for wounds sustained on 
6 September 1969 by 101st Airborne Division General Orders 12079, dated 
15 September 1969. 

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 received the Purple Heart for wounds sustained on 
6 September 1969 in Vietnam.  Therefore, the applicant is entitled to correction of his discharge document 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:  

DSJ____  EJA____  DPH_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_Deborah S. Jacobs__
		        CHAIRPERSON

INDEX

CASE ID	AR2001061536	
SUFFIX		
RECON		
DATE BOARDED	20011106	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	  	
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.