PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           30 October 2003   
	DOCKET NUMBER:  AR200309294

	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	
	Mrs. Nancy L. Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Curtis L. Greenway		Chairperson	
	Mr. Ernest W. Lutz		Member	
	Mr. Larry C. Bergquist		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 the Purple Heart be added to his DD Form 214 (Report of Separation from Active Duty).

3.  The applicant makes no statement but counsel provides supporting evidence, including the notification telegram, to support the applicant's contention he was wounded in action.

4.  The applicant’s military records show that, after having had prior service, he reenlisted in the Regular Army on 5 June 1963.  

5.  The applicant arrived in Vietnam and was assigned to Company C, 227th Aviation Battalion, 1st Cavalry Division on 28 February 1968.

6.  A Western Union Telegram shows the applicant was slightly wounded with burns to his right forearm and face on 5 May 1968 as a result of hostile action.  He was medically evacuated on 13 May 1968.  

7.  The applicant is listed on the Vietnam Casualty Roster as being wounded in action on 5 May 1968.

8.  The applicant retired on 1 October 1977.  The Purple Heart is not listed on his DD Form 214 for the period ending 30 September 1977.

9.  Army Regulation 600-8-22 (Military Awards) states 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 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 evidence of record shows the applicant was slightly wounded on 5 May 1968 as a result of hostile action.  He met the eligibility criteria for award of the Purple Heart.

2.  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 the applicant was awarded the PH for wounds received on 5 May 1968.

BOARD VOTE:  

__clg___  __ewl___  __lcb___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Curtis L. Greenway
		        CHAIRPERSON

INDEX

CASE ID	AR2003090294	
SUFFIX		
RECON		
DATE BOARDED	20031030	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY	Mr. Schneider	
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.