PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            26 April 2000     
	DOCKET NUMBER:   AR1999030352

	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. Stanley Kelley		Chairperson	
	Ms. Karol A. Kennedy		Member	
	Mr. Curtis L. Greenway		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 correction of his DD Form 214 (Report of Transfer or Discharge) to show award of the Purple Heart. 

3.  The applicant states, in effect, that in February 1968, he sustained a fragment wound to his right thigh in combat in Vietnam.  He contends that he was not awarded the Purple Heart, that he was not given a certificate and the Purple Heart is not listed on his discharge document.  In support of his application, he submits a copy of DA Form 1380 (U.S. Field Medical Card) dated 13 February 1968 and his DD Form 214.

4.  The applicant’s military records show that he was inducted on 6 February 1967.  He served as a light weapons infantryman in Vietnam from 5 July 1967 through 4 July 1968 and was honorably discharged in the grade of specialist four on 5 February 1969.  

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

6.  The applicant provided a copy of DD Form 1380 (U.S. Field Medical Card), dated 13 February 1968, which shows he sustained a fragment wound to his right thigh as a result of hostile action in Vietnam on 12 February 1968.  

7.  The applicant’s records contain a Standard Form 89 (Report of Medical History), dated 19 November 1968, which shows “Wounded in Vietnam shrapnel R [right] thigh 12 Feb 68” in item 39 (Physician’s Summary and Elaboration of all Pertinent Data).

8.  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 12 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:  

SK_____  KAK_____  CLG____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Stanley Kelley________
		        CHAIRPERSON

INDEX

CASE ID	AR1999030352	
SUFFIX		
RECON		
DATE BOARDED	20000426	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19690205	
DISCHARGE AUTHORITY	AR 635-200 Chapter 2  	
DISCHARGE REASON	Expiration term of service	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.