PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:  13 June 2000
	DOCKET NUMBER:   AR1999031410

	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	
	Ms. Stephanie Thompkins		Analyst	

  The following members, a quorum, were present:

	Ms. Elizabeth Buchanon		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Mr. John H. Kern		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 injured his spine while flying on a mission and should have received the award then.  Now after many years of problems, his spinal cord is compressed.

4.  The applicant’s military records show that he enlisted in the Regular Army as a private E-1 on 13 February 1967.  He attained the rank of specialist four E-4 on 11 November 1968.

5.  He was honorably separated on 22 September 1969, not by reason of physical disability, and transferred to USAR Control Group (Reinforcement).  He was discharged from the Reserve effective 1 February 1973.

6.  He served in Vietnam as a helicopter mechanic from 10 January 1978 to 21 September 1969 and his awards include the National Defense Service Medal, an Air Medal and the Vietnam Service Medal.

7.  A review of his records reveal he is also entitled to the Vietnam Service Medal with 3 Bronze Service Stars and 2 Overseas Service Bars and the Republic of Vietnam Gallantry Cross with Palm for his Vietnam service.

8.  There is no evidence to show he was wounded in action.

9.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against the enemy or 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 applicant is not entitled to correction to his records to show award of the Purple Heart.  His injury has not been shown to be as a result of hostile action against an enemy of the United State as stipulated in pertinent regulations.

2.  The applicant has not shown that he was wounded as a result of hostile action, that he was treated by a medical officer for a wound received in action, or that the foregoing is a matter of official medical record.

3.  His records reveal that he is entitled to and was erroneously not awarded the Vietnam Service Medal with 3 Bronze Service Stars and 2 Overseas Service Bars and the Republic of Vietnam Gallantry Cross with Palm.

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing the individual concerned was awarded the Vietnam Service Medal with 3 Bronze Service Stars and 2 Overseas Service Bars and the Republic of Vietnam Gallantry Cross with Palm.

2.  That so much of the application as is in excess of the foregoing be denied 

BOARD VOTE:  

__EB___  __BE____  __JK____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Elizabeth Buchanon____
		        CHAIRPERSON

INDEX

CASE ID	AR1999031410	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000613	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.