PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            9 September 2003
	DOCKET NUMBER:  AR2003089774

	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. Shirley L. Powell		Chairperson	
	Mr. Walter T. Morrison		Member	
	Mr. Thomas A. Pagan		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, in effect, that his report of separation (DD Form 214) dated 30 August 1970, be corrected to reflect his award of the Purple Heart. 

3.  The applicant states, in effect, that he was awarded the Purple Heart for being wounded in Vietnam and it was not included on his DD Form 214. 

4.  The applicant’s military records show that he enlisted on 27 August 1968 for a period of 3 years and training under the airborne/infantry enlistment option.  He completed his training and was transferred to Vietnam in March 1969.

5.  On 28 September 1969, he sustained multiple fragment wounds to the head and right leg.  He was evacuated to a theater hospital and was subsequently transferred to a hospital at Fort Rucker, Alabama, on 25 October 1969.  He remained at Fort Rucker until 11 March 1970, when he was transferred to Fort Bragg, North Carolina.

6.  On 30 August 1970, he was honorably discharged for the purpose of immediate reenlistment.  His DD Form 214 shows that he had served 2 years and 4 days of active service and that he was awarded the National Defense Service Medal, the Parachutist Badge, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal and the Combat Infantryman Badge.

7.  He reenlisted on 31 August 1970 for a period of 6 years and assignment to Vietnam.

8.  A review of his records fails to show that he was awarded the Purple Heart; however, his records do show that he was wounded in action and was treated by medical personnel during his hospitalization.  The applicant's name also appears on the Vietnam Casualty Roster.

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 the available records do not contain orders awarding the applicant the Purple Heart, it is reasonable to presume that he was awarded the Purple Heart as he claims and that the failure to file the orders was the result of an administrative oversight. 

2.  Accordingly, it would be in the interest of justice to correct the applicant's DD Form 214 dated 30 August 1970 to show his award of 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 showing that the individual concerned was entitled to the award of the Purple Heart at the time of his honorable discharge on 30 August 1970.

BOARD VOTE:  

__slp ___  __tap ___  _wtm____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Shirley L. Powell_____
		        CHAIRPERSON

INDEX

CASE ID	AR2003089774	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2003/09/09	
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.