PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            15 July 2003
	DOCKET NUMBER:   AR2003083519

	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. Fred N. Eichorn		Chairperson	
	Ms. Margaret V. Thompson		Member	
	Mr. Eric N. Anderson		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 reconsideration of his  application to correct his military records by awarding him the Purple Heart.

3.  The applicant states, in effect, that he failed to provide proof of his injury in his previous request and desires that the Board consider the medical documents from his military medical records which document his wound.

4.  The proceedings of the Board’s 29 October 2002 review of the case (AR2002076698) is incorporated herein by reference as if wholly set forth.

5.  The applicant’s submission is new evidence and/or argument that requires Board consideration.

6.  The new evidence consists of a Standard Form 600 (Chronological Record of Medical Care) from his military medical records dated 3 February 1970, while serving in Vietnam.  It shows that he was treated for a bullet wound thru the ear, which was dressed and sutured.  He was treated at the Camp Holloway Dispensary located in Pleiku, South Vietnam.  The applicant was assigned to the 179th Aviation Company at the time.

7.  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 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.

8.  The 179th Aviation Company (medium helicopter) was organized as a medium helicopter unit and was activated at Fort Benning, Georgia on 15 December 1965.  The unit deployed to Vietnam in 1966 and was initially stationed at Dong Ba Thin and then moved to Camp Holloway, Pleiku, South Vietnam.  The company was assigned to the 52nd Combat Aviation Battalion and provided helicopter support to as many as five separate locations simultaneously within the II Corps Tactical Zone.  

CONCLUSIONS:

1.  In the Board's previous consideration, it did not have the advantage of reviewing the applicant's medical records; however, the Board finds that the applicant has provided sufficient proof to show that he was wounded in Vietnam on 3 February 1970.

2.  Although the document does not indicate that the wound was the result of enemy action, the Board finds it reasonable to presume that such was the case and that the failure to award him them Purple Heart was simply an administrative oversight.
3.  Accordingly, the Board finds it in the interest of justice to award him the Purple Heart for wounds received in the Republic of Vietnam on 3 February 1970, while serving in the rank of specialist four (SP4).

4.  In view of the foregoing findings and conclusions, correcting the applicant’s records as recommended below would correct an error or rectify an injustice.

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 action against the enemy in Vietnam on 3 February 1970, while serving in the rank of SP4.

BOARD VOTE:

___ena__  ___fe ___  __mvt___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_____Fred N. Eichorn______
		        CHAIRPERSON

INDEX

CASE ID	AR2003083519	
SUFFIX		
RECON		
DATE BOARDED	2003/07/15	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION		
REVIEW AUTHORITY		
ISSUES         1.  61	107.0015/PH	
2.		
3.		
4.		
5.		
6.