PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            20 June 2002
	DOCKET NUMBER:   AR2002069035

	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. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Roger W. Able		Member	
	Mr. John T. Meixell		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, in effect, that he was wounded in combat in Vietnam on 29 November 1968 and never received an award of the Purple Heart. 

4.  The applicant’s military records show that he initially enlisted on 22 May 1967, for a period of 3 years.  He successfully completed his training and was transferred to Vietnam on 13 December 1967, for duty as an engineer equipment repairman.  He was advanced to the rank of specialist four on 19 October 1968.

5.  His personnel and medical records show that he sustained a shrapnel wound to the right hand on 27 November 1968, which was treated at the 19th Engineer Battalion Aid Station.  There is no indication that he was ever awarded the Purple Heart for that wound.

6.  He departed Vietnam on 12 December 1968 and was transferred to Fort Leonard Wood, Missouri.  He was promoted to the pay grade of E-5 on 27 September 1969 and was honorably discharged on 12 October 1969, for the purpose of immediate reenlistment.  His report of separation shows that he was awarded the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, and the National Defense Service Medal.  He reenlisted on 13 October 1969 and was transferred back to Vietnam on 18 May 1970.  

7.  He completed his tour in Vietnam on 19 April 1971 and was transferred to Germany.  He was honorably discharged on 4 October 1973 and reenlisted the following day.  He served in Germany until 16 June 1974, when he was transferred back to Fort Leonard Wood.  He was promoted to the pay grade of  E-6 on 5 October 1974, and continued to serve until he was discharged under other than honorable conditions on 28 June 1977, under the provisions of Army Regulation 635-200, chapter 10, in lieu of trial by court-martial.  He had served 9 years, 11 months and 6 days of total active service and had 62 days of lost time due to being absent without leave.  In addition to the previous awards discussed, he was awarded the Army Commendation Medal, the Bronze Star Medal, the Army Good Conduct Medal and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

8.  Army Regulation 672-5-1, in effect at the time, provided the criteria for award of the Purple Heart.  It 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 evidence of record is sufficient to show that the applicant sustained a shrapnel wound to the right hand on 27 November 1968 and was treated by medical personnel at that time.  Accordingly, the Board finds that there is sufficient evidence to show that he should have been awarded the Purple Heart for his wound at the time and that it would be in the interest of justice to do so at this time.

2.  Inasmuch as he earned the Purple Heart during his first period of service, all of his DD Form 214’s should be corrected to show that award. 

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 wounds received in Vietnam on 27 November 1968, while serving in the rank of specialist four and correcting his records accordingly.

BOARD VOTE:  

__rwa___  ___jm___  ___rvo___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Raymond V. O’Connor, Jr.__
		        CHAIRPERSON

INDEX

CASE ID	AR2002069035	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/06/20	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  61	107.0015/PH	
2.		
3.		
4.		
5.		
6.