PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           30 September 2003                  
	DOCKET NUMBER:   AR2003086522

	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. G. E. Vandenberg		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond J. Wagner		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Ms. Margaret V. Thompson		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 his DD Form 214 (Report of Transfer or Discharge) be corrected to show his award of the Purple Heart.

3.  The applicant states that he was wounded and awarded the Purple Heart but that it was not recorded on his DD Form 214.

4.  The applicant’s military records show that he entered active duty on 4 February 1970 and served in Vietnam with C Troop, 1st Squadron, 1st Cavalry Regiment, 23rd Infantry Division from 4 September 1970 through 23 June 1971.

5.  The official record contains a copy of the official Western Union telegram notification to the applicant’s wife showing that he was hospitalized for fragment wounds to his left leg and foot.  The wounds were reported as sustained as a result of hostile action on 21 June 1971.  

6.  Attached to the telegram is a copy of the message casualty report showing the applicant received fragment wounds during a hostile mortar attack at 0025 21 June 1971.  It shows that he was hospitalized at the 95th Evacuation Hospital, Da Nang, Vietnam.

7.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows that he was assigned to the U.S. Army Hospital Okinawa from 24 through 29 June 1971 and the Naval Hospital, Great Lakes, Illinois from 29 June 1971 through 11 August 1971. 

8.  The applicant’s 22 November 1971 DD Form 214, at item 24 (awards and decorations), shows the following awards; Army Commendation Medal, the National Defense Service Medal, the Vietnam Service Medal with one bronze service star, the Republic of Vietnam Campaign Medal, the Combat Infantryman Badge, and the Sharpshooter Badge with Rifle Bar. 

9.  Army Regulation 600-8-22 provides, the Purple Heart is awarded to an individual who is wounded in action against an enemy of the United States, the armed force of a foreign country which is or has been engaged, while serving with a friendly foreign forces against an opposing force even though the U.S. is not engaged, as the result of any act of such enemy or opposing force or as a result an act of any hostile foreign force.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record.

CONCLUSIONS:

1.  The Board finds that the evidence of record supports the finding that the applicant was wounded as a result of hostile action on 21 June 1971 and that these wounds required treatment by a medical officer.

2.  Therefore, the Board concludes that the applicant is entitled to award of the Purple Heart and that this award should be added to his other authorized decorations on his discharge document.

3.  In view of the foregoing findings and conclusions, correcting the applicant’s records as recommended below will correct an error.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing award of the Purple Heart for wounds sustained as a result of hostile action on 21 June 1971.

BOARD VOTE:  

_RJW___  __MHM__  __MVT_  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_   Raymond J. Wagner_____
		        CHAIRPERSON

INDEX

CASE ID	AR2003086522	
SUFFIX		
RECON		
DATE BOARDED	20030930	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.