PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           2 July 2002        
	DOCKET NUMBER:   AR2002071920

	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. Karol A. Kennedy		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. Raymond J. Wagner		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 award of the Purple Heart.

3.  The applicant states, in effect, that he is entitled to award of the Purple Heart for wounds received in Vietnam in 1971.  In support of his application, he submits two eyewitness statements.

4.  The applicant’s military records show that he enlisted on 4 June 1966.  He remained on active duty through continuous reenlistments until he was honorably discharged in the rank of sergeant first class on 4 March 1982.

5.  The applicant’s DD Form 214 with an effective date of 8 April 1975 shows that he served as a light weapons infantryman in Vietnam from 30 March 1971 through 4 February 1972.  This DD Form 214 does not show the Purple Heart as an authorized award.     

6.  There are no orders in the applicant’s service personnel records which show that he was awarded the Purple Heart.  There also is no evidence in his records that he was wounded or treated for wounds as a result of hostile action.  His DA Form 20 (Enlisted Qualification Record) does not show any entry in item 
40 (Wounds) or list the Purple Heart in item 41 (Awards and Decorations).

7.  In support of his claim for award of the Purple Heart, the applicant provided an eyewitness statement, dated 29 June 2001.  This statement is from a retired U.S. Air Force colonel, who was a Special Forces medic at the time in question.  He attests that the applicant was a member of a long range recon team from a classified unit (Task Force 1 Advisory Element) in August 1971, that the team came under fire from the enemy and that the applicant received shrapnel injuries to his face, back and legs.  He also attests that since he was a Special Forces medic he was familiar with all medical actions occurring in the camp.  He states that the applicant received medical treatment by the medic on duty in the camp, and that the applicant did not want to be admitted to the hospital, but instead chose to remain with the unit.

8.  The applicant also provided an eyewitness statement, dated 12 June 2001, from the recon company commander at the time in question.  He attests that in August 1971 the applicant received multiple fragmentation wounds while a member of a recon team as a result of contact with a hostile enemy force in Vietnam.  He also attests that the applicant was treated for these injuries.  

9.  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 Board considered the eyewitness statements provided in support of the applicant’s claim for award of the Purple Heart.  The Board finds these statements sufficient as a basis for award of the Purple Heart.  Therefore, the applicant is entitled to award of the Purple Heart and correction of his military records to show this award.

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 received in action in August 1971 in Vietnam.

BOARD VOTE:  

KAK___  AAO____  RJW_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_Karol A. Kennedy_________
		        CHAIRPERSON

INDEX

CASE ID	AR2002071920	
SUFFIX		
RECON		
DATE BOARDED	20020702	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	 	
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.