PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            3 August 2000
	DOCKET NUMBER:   AR1999034529

	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. Deyon D. Battle		Analyst	

The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Edwin S. Castle		Member	
	Mr. Calvin M. Fowler		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 the award of the Purple Heart.

3.  The applicant states that he was marked and wounded in the left leg while he was in combat.

4.  The applicant’s military records show that he was inducted in the Army on 6 September 1967.  He successfully completed his training as an infantry indirect fire crewman.

5.  His awards include the National Defense Service Medal, the Vietnam Campaign Medal, the Vietnam Service Medal, the Expert Badge w/Rifle Bar 
(M-14), the Sharpshooters Badge (M-16) and two Overseas Bars.

6.  A review of the record shows orders were published 10 June 1968 awarding the applicant the Combat Infantryman Badge (CIB).  However, the CIB is not reflected on his Report of Separation (DD Form 214).

7.  Further review of the records fail to show that the applicant was wounded or injured in combat while he was in the Army.

8.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound/injury 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 by a medical officer, and the medical treatment must have been made a matter of official record.

CONCLUSIONS:

1.  There is no evidence of record to support the applicant’s contention that he was wounded or injured as a result of hostile action while he was in he Army.  Therefore, he is not entitled to the Purple Heart.

2.  However, during the preparation of the applicant’s DD Form 214, an administrative error was made which resulted in the omission of the CIB.

3.  The record clearly shows that he was awarded the CIB on 10 June 1968 and his DD Form 214 should be corrected accordingly.

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 that the individual concerned was awarded the Combat Infantryman Badge on 10 June 1968.

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

BOARD VOTE:  

___esc__  ___js____  ___cmf__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_____John N. Slone_______
		        CHAIRPERSON

INDEX

CASE ID	AR1999034529	
SUFFIX		
RECON		
DATE BOARDED	2000/08/03	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PARTIAL	
REVIEW AUTHORITY		
ISSUES         1.  46	107.0000	
2.  61	107.0015	
3.		
4.		
5.		
6.