2.  The applicant requests that his DD Form 214, Report of Transfer or Discharge, be corrected to reflect that he was awarded the Purple Heart.

3.  He states that he was awarded the Purple Heart on 21 June 1970 after being wounded in Vietnam.  However, it was never reflected on his DD Form 214.

4.  His military records show that he was inducted on 9 July 1969 and served 11 months and 26 days in Vietnam before being honorably discharged on 8 July 1971 in pay grade E-4. His DD Form 214 shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, the Army Commendation Medal, the Bronze Star Medal, the Good Conduct Medal, the Combat Infantryman Badge and the Marksman Badge with rifle bar.

5.  The applicant’s medical records reflect that on 21 June 1970 he reported to the battalion aid station supporting his unit in Vietnam for treatment of a fragment wound to his left hand.  The record further reflects that a medical officer removed a small metallic fragment from his left hand and after appropriate treatment he was returned to full duty.

6.  On 7 September 1970 he was diagnosed with combat exhaustion following the loss of 27 members of his company in combat during the preceding month.  He was removed to a rear area and treated with rest and medication and eventually returned to his unit in the field.

7.  Army Regulation 600-8-22 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 by a medical officer, and the medical treatment must have been made a matter of official record.

8.  The same regulation provides that it is not intended that such a strict interpretation be taken of the requirement for the wound or injury to be caused by direct result of hostile action that it would preclude the award being made to deserving personnel.

CONCLUSIONS:

1.  Based on the evidence of record it does appear that the applicant was wounded in Vietnam and should have been
awarded the Purple Heart.  While the medical record does not make clear that his wound was the result of hostile action, collateral documentation diagnosing him with combat exhaustion indicates that his unit was deeply involved in combat operations.  Therefore, in keeping with the spirit of the regulation, he should be awarded the Purple Heart.

2.  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 for wounds received in Vietnam.

BOARD VOTE:  

                       GRANT AS STATED IN RECOMMENDATION

                       GRANT FORMAL HEARING

                       DENY APPLICATION




		                           
		        CHAIRPERSON