PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            11 May 2000                  
	DOCKET NUMBER:   AR1999032750

	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. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. James M. Alward		Member	
	Mr. Christopher J. Prosser		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, in effect, that he sustained a shrapnel wound to his left arm in Vietnam in March 1967.  In support of his application, he submits an eyewitness statement, dated 27 November 1999, from a fellow soldier attesting that the applicant was wounded in the left arm by shrapnel as a result of mortar and rocket fire in March 1967 in Vietnam.  He also provided a copy of a VA Rating Decision, dated 2 December 1999, which shows the applicant was rated 0% for a shell fragment wound of the left upper arm. 

4.  The applicant’s military records show that he was inducted on 24 November 1965.  He served as a light weapons infantryman in Vietnam from 15 September 1966 through 25 August 1967 and was honorably discharged on 27 August 1967.

5. The applicant’s DD Form 214, which was authenticated in his own hand, does not show the Purple Heart as an authorized award.

6.  There is no evidence in the applicant’s service personnel records that he was awarded the Purple Heart or was wounded as a result of hostile action.

7.  Evidence of record shows that on 27 August 1967 the applicant underwent a separation physical examination which makes no mention of any wounds sustained as a result of hostile action.  His DA Form 20 (Enlisted Qualification Record) does not reflect entitlement to the Purple Heart and item 40 (Wounds) on his DA Form 20 is blank.     

8.  The applicant provided a VA Rating Decision, dated 2 December 1999, which states “the veteran reported he sustained a shell fragment wound in combat in Vietnam in 3-67 but did not receive any medical attention for the wound.”  The Rating decision also states “Service medical and personnel records for the period of active duty 11-24-65 to 8-27-67 are negative for evidence that the veteran sustained a shell fragment wound in service but do confirm he served in combat in Vietnam.” 

9.  Headquarters, 1st Brigade, 4th Infantry Division, Special Orders Number
52, dated 6 December 1966, shows the applicant was awarded the first award of the Combat Infantryman Badge.  This award is not shown on his discharge document.   

10.  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.  There is no evidence of record available to the Board which shows the applicant was injured or wounded as a result of hostile action in Vietnam.

2.  The applicant signed his DD Form 214 attesting to the fact he was not entitled to the Purple Heart.

3.  The Board noted the eyewitness statement from the fellow soldier.  However, this statement made 32 years after the fact is not sufficient by itself as a basis for award of the Purple Heart in view of evidence of record which shows the applicant was not wounded.  Therefore, the applicant is not entitled to correction of his military records to show award of the Purple Heart.  

4.  The applicant was awarded the Combat Infantryman Badge; therefore, he is entitled to correction of his military records to show this award.

5.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Combat Infantryman Badge.

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

BOARD VOTE:  

RVO___   JMA_____  CJP____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Raymond V. O’Connor, Jr.
		        CHAIRPERSON

INDEX

CASE ID	AR1999032750	
SUFFIX		
RECON		
DATE BOARDED	20000511	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19670827	
DISCHARGE AUTHORITY	AR 635-200  	
DISCHARGE REASON	Overseas Returnee	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.	107.0111	
3.		
4.		
5.		
6.