PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            13 June 2000                  
	DOCKET NUMBER:    AR1999031714

	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	
	Mr. Walter Avery, Jr.		Analyst	

  The following members, a quorum, were present:

	Ms. Elizabeth Buchannon		Chairperson	
	Mr. John H. Kern		Member	
	Ms. Barbara J. Ellis		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 his award of the Purple Heart Medal be properly included on his DD Form 214, Certificate of Release or Discharge from Active Duty.

3.  The applicant states that he was wounded in Vietnam on 3 May 1970.  He was treated for the wound, but never awarded the Purple Heart Medal.
 
4.  In support of his request, he has provided a copy of his DD Form 214 (which does not reflect award of the Purple Heart) and a copy of a U.S. Army Vietnam Casualty Report Form showing that he suffered a gunshot wound to the small of the back 3 May 1970.

5.  The applicant’s military records show that he entered the Army on 28 July 1969 and was separated on 13 August 1971 in pay grade E-4.  The record also shows that during his career he served in Vietnam from 23 January 1970 to 13 December 1970.

6.  The military records contain the applicant’s Enlisted Qualification Record.  In Block 40 (wounds) of the form it reflects the entry: “Enlisted man hit in small of back by round or fragment - 3 May 1970”.  The record does not show that he was awarded the Purple Heart Medal for that wound.  There are no other records in his military file showing that he was wounded or describing how his wound was sustained. 

7.  Army Regulation 600-200, Preparation and Maintenance of Enlisted Qualification Record, the regulation then in effect, provides that item 40 (Wounds) of the Enlisted Qualification Record, will contain a brief description of wounds or injuries requiring medical treatment, received through hostile or enemy action, including those requiring hospitalization.

CONCLUSIONS:

1.  The evidence of record shows that the applicant was wounded as a result of hostile action on 3 May 1970 and is entitled to the Purple Heart Medal for that wound.

2.  Based on the foregoing, it would be appropriate to correct his DD Form 214 to show that he was awarded the Purple Heart Medal.

3.  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:

a.  showing that the individual concerned was awarded the Purple Heart Medal for wounds received in action in Vietnam on 3 May 1970; and

b.  issuing to him a correction to his DD Form 214 reflecting the above award.

BOARD VOTE:  

___eb___  ____jhk__  ____bje_  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_________Elizabeth Buchannon____
		        CHAIRPERSON

INDEX

CASE ID	AR1999031697	
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.  107.00		
2.		
3.		
4.		
5.		
6.