PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           23 October 2003
	DOCKET NUMBER:  AR2003089531

	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:

	Ms. Joann H. Langston		Chairperson	
	Ms. Margaret K. Patterson		Member	
	Mr. Arthur A. Omartian		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 report of separation (DD Form 214) be corrected to reflect his award of the Purple Heart.

3.  The applicant states, in effect, that his DD Form 214 does not include the Purple Heart for wounds he received in Vietnam.  He goes on to state that he was wounded in Vietnam during his first tour and was medically evacuated (medivaced) to Clark Air Force Base and then to the Navy hospital in Guam.  He was then returned to Vietnam to finish his tour. 

4.  The applicant’s military records show that he enlisted in Guam on 11 May 1956.  He completed his training in Hawaii and remained on active duty through a series of continuous reenlistments.  He was promoted to the pay grade of E-6 on 30 June 1966.

5.  He was transferred to Vietnam on 20 September 1966 and was assigned to the 1st Battalion 8th Cavalry Regiment as a fire direction chief in military occupational specialty 11C40.

6.  On 24 January 1967, he received a gunshot wound to the chest (Sucking chest wound).  He was medivaced to hospitals in Vietnam, Japan and Guam for treatment.  He was returned to Vietnam on 4 May 1967 and completed his tour on 26 September 1967.

7.  He was promoted to the pay grade of E-7 on 5 November 1969 and served another tour in Vietnam from August 1970 to May 1971.  On 30 June 1976, he was honorably released from active duty and was placed on the Retired List effective 1 July 1976.  He had served 20 years, 1 month and 20 days of total active service.  He was awarded the National Defense Service Medal, the Vietnam Service Medal (VSM), the Republic of Vietnam Campaign Medal, the Army Commendation Medal with two oak leaf clusters, the Good Conduct Medal (5th Award), the Vietnam Gallantry Cross with Palm Unit Citation, the Drill Instructor Badge, and the Combat Infantryman Badge.

8.  A review of the available records fails to show that he was awarded the Purple Heart for his wounds.  However, his records do reflect that he was wounded on 24 January 1967 and his name appears on the Vietnam Casualty Listing for that wound.

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.  Although there is no evidence present which shows that the applicant was ever awarded the Purple Heart, there is sufficient evidence present to show that he was in fact wounded, that he was treated by medical personnel and that he was reported as a casualty.  

2.  Therefore, the Board finds it reasonable to presume that he was in fact awarded the Purple Heart and that an administrative error resulted in it not being placed in his records.  Accordingly, the Board finds that it would be in the interest of justice to add his award of the Purple Heart to his records at this time.

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.

BOARD VOTE:  

___jhl___  ___ao___  ___mkp__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Joann Langston_____
		        CHAIRPERSON

INDEX

CASE ID	AR2003089531	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2003/10/23	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  61	107.0015/PH	
2.  189	110.0000/CORR 214	
3.		
4.		
5.		
6.