PROCEEDINGS

	IN THE CASE OF:        

	BOARD DATE:            8 March 2000                  
	DOCKET NUMBER:   AR1999030124

	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.  

	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Elzey J. Arledge, Jr.		Member	
	Mr. Ernest W. Lutz, Jr.		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 award of the Purple Heart.

3.  The applicant states that he was told he was awarded the Purple Heart due to a combat injury received in Vietnam on 2 February 1968, but it is not listed on his DD Form 214 (Report of Transfer or Discharge).  He contends that he never received the medal because he was in the field from the time of his injury until he was removed from the jungle and discharged.  In support of his application, he submits a DD Form 1380 (U.S. Field Medical Card), dated 2 February 1968; a newspaper article from his hometown which indicates that he was awarded the Purple Heart; and his DD Form 214. 

4.  The applicant’s military records show that he was inducted on 22 September 1966.  He served as an armor intelligence specialist in Vietnam for one year and was honorably discharged on 8 August 1968.

5.  The applicant’s DD Form 214 does not show the Purple Heart as an authorized award.

6.  The applicant provided a DD Form 1380 (U.S. Field Medical Card), dated
2 February 1968, which shows he sustained injuries to his left leg, left hand and left wrist as a result of hostile action during a firefight in Vietnam on 2 February 1968.  Item 32 (Remarks) of the DD Form 1380 shows “PURPLE HEART PENDING”.

7.  Army Regulation 600-8-22 (Military Awards) 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, and the medical treatment must have been made a matter of official record.

CONCLUSIONS:

1.  Medical evidence of record shows the applicant was wounded as a result of hostile action in Vietnam on 2 February 1968.  Therefore, he is entitled to correction of his DD Form 214 to show 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 that the individual concerned was awarded the Purple Heart.

BOARD VOTE:  

RVO___    EJA____  EWL__        GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Raymond V. O’Connor, Jr.
		        CHAIRPERSON

INDEX

CASE ID	AR1999030124	
SUFFIX		
RECON		
DATE BOARDED	20000308	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19680808	
DISCHARGE AUTHORITY	AR 635-200 Chapter 5	
DISCHARGE REASON	Overseas Returnee	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.