PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           14 March 2002                   
	DOCKET NUMBER:   AR2001062101

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Ms. Joann H. Langston		Chairperson	
	Mr. Walter T. Morrison		Member	
	Mr. Roger W. Able		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 Transfer or Discharge, DD Form 214, be amended to add the Purple Heart.  

3.  The applicant states that he was awarded the Purple Heart while in the hospital.  His injury occurred during combat and resulted in the loss of his right kidney.

4.  The applicant’s military records show that he was inducted into the Army on   9 April 1969.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

5.  The applicant was assigned to Company D, 1st Battalion, 22d Infantry, Vietnam on or about 19 May 1970 and served as an 11B40 team leader.  On    15 February 1971, he was assigned as a patient to the U. S. Army Vietnam Patient Casual Company; on 25 February 1971 to the 8th Field Hospital, Vietnam; and on 2 March 1971 to the Medical Holding Company, Madigan General Hospital, Tacoma, WA.  His medical records show that he had been treated for multiple fragmentation wounds with an exploratory laporatomy – laceration to his right kidney.  He was released from active duty on 7 April 1971.

6.  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.

7.  Department of the Army Pamphlet 672-3 shows that the 1st Battalion, 22d Infantry was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 August 1965 – 16 April 1971.

CONCLUSIONS:

1.  While there is no evidence to show the applicant was wounded in combat, there is evidence of record to show he was treated for multiple fragmentation wounds which injured his right kidney.  The Board notes that he served as an 11B Team Leader while in Vietnam.  The Board concludes that any doubt about the applicant being wounded in combat should be resolved in favor of the applicant.

2.  The applicant was assigned to a unit during a period of time that unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and so is entitled to this award.

3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing the applicant was awarded the Purple Heart for wounds received in action on 15 February 1971.

2.  That the applicant’s DD Form 214 be amended to add the Purple Heart and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

BOARD VOTE:  

__jhl___  __wtm___  __rwa___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Joann H. Langston
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2001062101	
SUFFIX		
RECON		
DATE BOARDED	20020314	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.