PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            14 August 2003
	DOCKET NUMBER:   AR2003086806

	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. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. James E. Anderholm		Member	
	Ms. Linda M. Barker		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 he be awarded the Purple Heart for wounds received in Vietnam.

3.  The applicant states that he was wounded in Vietnam while assigned to Company G, 75th Ranger Battalion, Americal Division.  He further states that he was told that his recommendation for award of the Purple Heart was misrouted and he never received it.  He also states that he attempted to have it awarded in 1973 to no avail. 

4.  The applicant’s military records show that he enlisted on 5 February 1969 for a period of 2 years.  He successfully completed his training and was transferred to Vietnam on 7 October 1969, for assignment to Company G, 75th Infantry Regiment (Rangers) as a light weapons infantryman. 

5.  He was advanced to the pay grade of E-4 on 9 December 1969 and served in Vietnam until 6 October 1970, when he was transferred to Fort Lewis, Washington and was honorably released from active duty as an overseas returnee.  He had served 1 year, 8 months and 2 days of total active service and was awarded the National Defense Service Medal, the Vietnam Service Medal (VSM), the Republic of Vietnam Campaign Medal, the Bronze Star Medal, the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Combat Infantryman Badge. 

6.  On 4 December 1970, he again enlisted and remained on active duty until he was honorably released from active duty in the pay grade of E-8 on 31 May 1991.  He was transferred to the Retired List effective 1 June 1991, after having served 22 years, 1 month and 28 days of active service.

7.  A review of the applicant's Official Military Personnel File (OMPF) shows that it contains a copy of the applicant's original Enlisted Qualification Record (DA Form 20), which became obsolete in 1974.  In item 40; under wounds, there is a permanent entry indicating that the applicant received fragmentation wounds to the chest on 6 July 1970.  While there is no entry or evidence to show that he was ever awarded the Purple Heart, the applicant's records also show that he underwent a Physical Evaluation Board (PEB) in November 1990 and it was noted at that time that x-rays revealed a shrapnel fragment in the left chest area.

8.  In the processing of this application a staff member of the Board reviewed unit records at the National Archives in College Park, Maryland to ascertain if orders were ever published awarding the applicant the Purple Heart.  The search failed to reveal that any orders were ever published.

9.  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.

CONCLUSIONS:

1.  The Board finds that here is sufficient evidence to show that the applicant was wounded on 6 July 1970, while serving as an infantryman in Vietnam and that the wound was documented in his records.

2.  Therefore, it is reasonable to presume that as a result of an administrative oversight, he was not awarded the Purple Heart that he was entitled to receive.  Accordingly, it would be in the interest of justice to correct this error at this time by awarding him the Purple Heart.

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 awarding the individual concerned the Purple Heart for wounds received in action against the enemy in Vietnam on 6 July 1970, while serving in the rank of specialist four.

BOARD VOTE:  

___ja ___  ___lb ___  ___rvo___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Raymond V. O’Connor, Jr.___
		        CHAIRPERSON

INDEX

CASE ID	AR2003086806	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2003/08/14	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  61	107.0015/PH	
2.		
3.		
4.		
5.		
6.