PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            20 April 2000
	DOCKET NUMBER:   AR1999034294

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Walter T. Morrison		Chairperson	
	Mr. Roger Able		Member	
	Ms. Margaret V. Thompson		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 he be awarded the Purple Heart (PH) for wounds that he received in Vietnam.

3.  The applicant states that he was wounded in action in Vietnam in November 1967 and was never awarded the PH.  After he was wounded he was medically evacuated to Cu Chi and was hospitalized there until about 1 December 1967.

4.  The applicant’s military records show that he was inducted in Santa Ana, California on 28 December 1965.  He successfully completed his training and was transferred to Fort Benning, Georgia on 12 May 1966 for duty as an infantry indirect fire crewman.

5.  On 9 May 1967 he transferred with his unit to Vietnam where he remained until he received multiple fragmentation wounds to his body on 5 November 1967 and was medically evacuated to the 12th Evacuation Hospital.   General Order Number 209 was published on 7 November 1967 which awarded the applicant the PH for his wound on 5 November 1967.

6.  The applicant was honorably released from active duty in the pay grade of E-3 on 8 December 1967 under the provisions of Army Regulation 635-200, as an early overseas returnee.  He had served 1 year, 11 months and 11 days of total active service and his DD Form 214 shows that he was awarded the Combat Infantryman Badge, the National Defense Service Medal, and the Republic of Vietnam Campaign Medal.

CONCLUSIONS:

1.  It appears from the appearance of the orders that awarded the applicant the PH that they were not filed in his records prior to his separation and were subsequently drop-filed in his records once they had been forwarded to the records repository in St. Louis, Missouri. 

2.  Therefore, it is reasonable to presume that he never in fact received the award of the PH.  Accordingly, it would be in the interest of justice to award him the PH citation and medal set at this time.

3.  Likewise, it would also be appropriate to correct his records to show that he was awarded the PH for wounds received in combat on 5 November 1967.

4.  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 issuing the individual concerned a PH certificate and medal set for wounds he received in action against the enemy in Vietnam on 5 November 1967 while serving in the pay grade of E-3 with Company C, 3d Battalion, 7th Infantry Regiment, 199th Infantry Brigade, 25th Infantry Division and that his records be corrected to show the award as well.

BOARD VOTE:  

___wtm__  ___ra___  __mvt___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Walter T. Morrison____
		        CHAIRPERSON

INDEX

CASE ID	AR1999034294	
SUFFIX		
RECON		
DATE BOARDED	2000/04/20	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  61	107.0015	
2.		
3.		
4.		
5.		
6.