PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           4 April 2002     
	DOCKET NUMBER:   AR2001065847

	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. Arthur A. Omartian		Chairperson	
	Mr. Roger W. Able		Member	
	Ms. Karen Y. Fletcher		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 correction of his DD Form 214 (Report of Transfer or Discharge) to show award of the Purple Heart.

3.  The applicant states that he was wounded on 10 August 1968 in Vietnam.  He contends that after his surgery in Japan he was shipped to Great Lakes Naval Hospital where he spent six months recovering.  In support of his application, he submits an undated letter of explanation and a copy of his DD Form 214.

4.  The applicant’s military records show that he was inducted on 7 November 1967.  He served as a light weapons infantryman in Vietnam from 22 April 1968 until he was hospitalized on 13 August 1968 and transferred to the United States on 29 August 1968 for further medical treatment.  On 8 August 1969, the applicant was honorably released from active duty to the U.S. Army Reserve Control Group (Annual Training).  

5.  The applicant’s DD Form 214 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.  The applicant’s service personnel records contain United States Army Vietnam Special Orders Number 229, dated 16 August 1968, which show he was hospitalized on 13 August 1968 at the 249th General Hospital.  249th General Hospital Special Orders Number 196, dated 23 August 1968, show the applicant was transferred to the Naval Hospital at Great Lakes, Illinois, for further hospitalization and medical treatment.  Orders also show the applicant was released from the Medical Detachment, Naval Hospital, Great Lakes, Illinois, on 17 February 1969.     

8.  Item 38 (Record of Assignments) on the applicant’s DA Form 20 (Enlisted Qualification Record) shows he was a patient at the Naval Hospital in Great Lakes, Illinois, from 29 August 1968 to 17 February 1969.   

9.  The applicant’s induction physical examination conducted on 7 November 1967 shows “Normal” in items 35 (Upper Extremities) and 37 (Lower Extremities) and does not mention any wounds or defects.  However, his separation physical examination conducted on 14 July 1969 shows “Abnormal” in items 35 (Upper Extremities) and 37 (Lower Extremities) with comments that the applicant sustained wounds to his right hand, right shoulder and right calf.  Item 
74 (Summary of Defects and Diagnoses) on the applicant’s Standard Form 
88 (Report of Medical Examination), dated 14 July 1969, shows the entry, 
“35.  Wounds to right shoulder and hand with residual weakness” and 
“37.  Wound to right calf with residual sensory nerve loss.”

10.  The applicant’s personnel service records show he was assigned to Company D, 2nd Battalion (Airborne), 327th Infantry and served in military occupational specialty (MOS) 11B (infantry) during his assignment in Vietnam.

11.  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.

12.  Included as part of the Department of Defense Appropriations Act for fiscal year 1994 was an amendment to the rules governing award of the Purple Heart.  While the original rules established that the Purple Heart would be awarded to individuals killed or wounded as a result of hostile action the amendment enabled the Secretaries of each department to award the Purple Heart to members of the armed forces who were killed or wounded in action by weapon fire, while directly engaged in armed conflict, other than as the result of an act of an enemy of the United States.  This ruling, in effect, granted the service Secretaries the authority to award the Purple Heart to individuals directly engaged in armed conflict who were killed or wounded as a result of "friendly fire."

13.  Army Regulation 600-8-22 provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  The Awards Branch of the Total Army Personnel Command has advised, in similar cases, that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

CONCLUSIONS:

1.  Evidence of record shows the applicant was wounded and hospitalized on 
13 August 1968 while serving in an infantry MOS assigned to an infantry company in Vietnam. 

2.  The Board notes that there is no evidence of record which shows the applicant was wounded as a result of hostile fire or that he was wounded as a result of “friendly fire.”

3.  However, based on the foregoing, the Board determined that there is sufficient evidence on which to base award of the Purple Heart in this case.  

4.  The Board also determined that there is sufficient evidence on which to base award of the Combat Infantryman Badge.  Therefore, the applicant’s military records should be corrected to show award of the Purple Heart and the Combat Infantryman Badge.

5.  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 showing that the individual concerned was awarded the Purple Heart and the Combat Infantryman Badge.

BOARD VOTE:  

AAO___  RWA___  KYF_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_Arthur A. Omartian_____
		        CHAIRPERSON

INDEX

CASE ID	AR2001065847	
SUFFIX		
RECON		
DATE BOARDED	20020404	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	  	
DISCHARGE REASON		
BOARD DECISION	(GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.	107.0111	
3.		
4.		
5.		
6.