PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           10 December 2002 
	DOCKET NUMBER:   AR2002073182

	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. Celia L. Adolphi		Chairperson	
	Mr. Ted S. Kanamine		Member	
	Mr. Conrad V. Meyer		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 received the Purple Heart for wounds received on 10 June 1969 in Vietnam; however, it is not shown on his DD Form 214.  In support of his application, he submits a copy of an award certificate for the Purple Heart.

4.  The applicant’s military records show that he was inducted on 13 August 1968.  He served as a light weapons infantryman in Vietnam and Korea.  On 
28 July 1970, the applicant was honorably discharged for immediate reenlistment.  He reenlisted on 29 July 1970 for a period of 6 years.  He served as a light weapons infantryman in Vietnam and Germany.  On 4 December 1976, the applicant was honorably discharged. 

5.  The applicant’s DD Form 214 with an effective date of 28 July 1970 does not show the Purple Heart as an authorized award.

6.  There are no orders for the Purple Heart in the applicant’s service personnel records.  However, his service personnel records contain a Western Union Telegram, dated 14 June 1969, which states the applicant was slightly wounded in action in Vietnam on 10 June 1969 by a fragment while at an artillery firing position when the area came under mortar attack by a hostile force.  He received a wound to his right thigh.

7.  Headquarters 101st Airborne Division General Orders Number 9821, dated 
28 July 1969, shows the applicant received the Army Commendation Medal for meritorious achievement in Vietnam from 1 February 1969 to 30 June 1969.  This award is not shown on his DD Form 214.    

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.  A Western Union Telegram, dated 14 June 1969, shows the applicant was wounded in action on 10 June 1969 in Vietnam.  Therefore, the Board determined that there is sufficient evidence on which to base award of the Purple Heart in this case.  As a result, the applicant is entitled to correction of his DD Form 214 with an effective date of 28 July 1970 to show award of the Purple Heart.

2.  The applicant received the Army Commendation Medal; therefore, he is entitled to correction of his DD Form 214 with an effective date of 28 July 1970 to show this medal.

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 showing that the individual concerned was awarded the Purple Heart and the Army Commendation Medal. 

BOARD VOTE:  

CLA____  TSK____  CVM_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Celia L. Adolphi_________
		        CHAIRPERSON

INDEX

CASE ID	AR2002073182	
SUFFIX		
RECON		
DATE BOARDED	20021210	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	  	
DISCHARGE REASON		
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.	107.0000	
3.		
4.		
5.		
6.