PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           28 February 2002
	DOCKET NUMBER:   AR2001065937

	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		Chairperson	
	Ms. Celia L. Adolphi		Member	
	Mr. John T. Meixell		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, in effect, correction of his DD Form 214 (Report of Transfer or Discharge) to show two awards of the Purple Heart (correctly known as the Purple Heart (First Oak Leaf Cluster)).

3.  The applicant states, in effect, that he was slightly wounded within the first month of his arrival in Vietnam.  He also contends that he was wounded a second time in Vietnam wherein he spent seven days in the hospital.  In support of his application, he submits a letter of explanation, dated 18 September 2001; a copy of his DD Form 214; a Health Record, dated 11 March 1970; an undated Clinical Record; and Veterans Administration documentation, dated November 1971.      

4.  The applicant’s military records show that he was inducted on 13 February 1969.  He served as a light weapons infantryman in Vietnam from 17 July 1969 through 16 July 1970 and was honorably released on 16 February 1971.

5.  The applicant’s DD Form 214, which was authenticated in his own hand, does not show any award of 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.  Item 40 (Wounds) on the applicant’s DA Form 20 (Enlisted Qualification Record) is blank.  Item 41 (Awards and Decorations) on his DA Form 20 does not show entitlement to any award of the Purple Heart.  The applicant’s name does not appear on the Vietnam Casualty Roster.

8.  The applicant provided an undated Clinical Record which shows he was evaluated after complaints of a four day history of swollen fingers which resulted from fragment wounds sustained to his right hand from a M-79 grenade launcher [as a result of friendly fire].  This record also shows the applicant’s fingers were evaluated on 11 September 1969 and on 14 September 1969.  The applicant also provided VA documentation which shows he was awarded service-connected disability compensation for residuals, shell fragment wound, right hand with retained foreign body.     

9.  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.

10.  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."

CONCLUSIONS:

1.  The Board considered the applicant’s contention that he was wounded on two occasions in Vietnam.  However, medical evidence of record shows the applicant sustained fragment wounds to his right hand in Vietnam as a result of friendly fire.  As a result, the Board determined there is sufficient evidence on which to base one award of the Purple Heart in this case. 

2.  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 Purple Heart for wounds sustained as a result of friendly fire in Vietnam on or about 
7 September 1969.

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

BOARD VOTE:  

RVO____  CLA____  JTM_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Raymond V. O’Connor
		        CHAIRPERSON

INDEX

CASE ID	AR2001065937	
SUFFIX		
RECON		
DATE BOARDED	20020228	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	  	
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.