PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           16 April 2002      
	DOCKET NUMBER:   AR2002069184

	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. Irene N. Wheelwright		Chairperson	
	Ms. Melinda M. Darby		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 correction of his DD Form 214 (Report of Transfer or Discharge) to show award of the Purple Heart.  

3.  The applicant states that he requested and was awarded a Purple Heart in 1966; however, he never received an amended discharge document. 

4.  The applicant’s military records show that he enlisted on 22 July 1963 for a  period of 3 years.  He served as a light weapons infantryman in Vietnam from 
16 August 1965 through 8 February 1966 and was honorably released on 21 July 1966.

5.  The applicant’s DD Form 214 does not show award of the Purple Heart as an authorized award.  

6.  There are no orders for the Purple Heart in the available records.  

7.  Item 27 (Wounds Received as a Result of Action with Enemy Forces) on the applicant’s DD Form 214 shows the entry, “VIETNAM - Nov 1965”.

8.  Item 40 (Wounds) on the applicant’s DA Form 20 (Enlisted Qualification Record) shows the applicant sustained a bullet wound to his left leg between his knee and ankle on 17 November 1965.

9.  The available records contain a DD Form 1380 (U.S. Field Medical Card), dated 18 November 1965, which shows the applicant was wounded in action during an ambush on 17 November 1965 in Vietnam and was treated for injuries to his left leg.    

10.  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.  Evidence of record shows the applicant was wounded in action on 
17 November 1965 in Vietnam, that he was treated for injuries to his left leg and the medical treatment was documented on a DD Form 1380 (U.S. Field Medical Card).  Therefore, the Board determined there was sufficient evidence on which to base award of the Purple Heart in this case.   

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 for wounds sustained as a result of hostile action on 17 November 1965 in Vietnam.

BOARD VOTE:  

INW___  MMD___  JTM_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Irene N. Wheelwright____
		        CHAIRPERSON

INDEX

CASE ID	AR2002069184	
SUFFIX		
RECON		
DATE BOARDED	20020416	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	 	
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.