2.  The applicant requests, in effect, correction of his military records to show award of the Purple Heart.

3.  The applicant was inducted on 21 July 1967.  His DA Form 20 (Enlisted Qualification Record) shows that after basic training and advanced individual training he arrived in Vietnam on 1 January 1968.  His military occupational specialty was 11B (Infantryman) 

4.  An entry made on the applicant’s Chronological Record of Medical Care states that on 26 May 1968 he was treated at the 71st Evacuation Hospital for multiple fragment wounds of the left arm and superficial wounds on the right forehead.

5.  On 18 July 1969 the applicant was honorably discharged in pay grade E-5.  His awards include, the Army Commendation Medal, the Combat Infantryman Badge, the Vietnam Service Medal, with 4 bronze service stars, and the Air Medal. 

6.  In April 1985, the applicant was advised by the Reserve Components Personnel Center (ARPERCEN) that he was entitled to the Purple Heart.  Subsequently, ARPERCEN advised the applicant that the Purple Heart was erroneously authorized as there was no evidence that his wounds were the direct result of enemy action.  

7. 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 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.

8.  Included as part of the Department of Defense Appropriations Act for fiscal year 1994 was an amendment to the rules governing award of the Purple Heart.  While the original rules established that the Purple Heart would be awarded to individuals killed or wounded as a result of hostile action the amendment enabled the Secretaries of each department to award the Purple Heart to members of the armed forces who were killed or wounded in action by weapon fire, while directly engaged in armed conflict, other than as the result of an act of an enemy of the United States.  This ruling, in effect, granted the service Secretaries the authority to award the Purple Heart to individual directly engaged in armed conflict who were killed or wounded as a result of "friendly fire."

CONCLUSIONS:

1.  The evidence of record is clear that while serving in Vietnam as an infantryman, the applicant was treated by a medical officer for fragment wounds.  

2.  Whether those wounds were the result of hostile action is not stated.  However, that requirement was modified in 1994, and is no longer an exclusive requirement for award of the Purple Heart.

3.  It is reasonable to assume that had the 1994 amendment been in effect at an earlier date, ARPERCEN would not have declared the applicant’s Purple Heart invalid.

4.  In view of the foregoing, it would be appropriate to correct the applicant’s records 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 sustained on 26 May 1968 in Vietnam.
  
BOARD VOTE:  

                       GRANT AS STATED IN RECOMMENDATION

                       GRANT FORMAL HEARING

                       DENY APPLICATION




		                           
		        CHAIRPERSON