2.  The applicant requests correction of his records to reflect that he was awarded the Purple Heart for injuries suffered in Vietnam.

3.  He states that he was wounded in the left side, thigh and eye in April or May 1971 while in combat in Vietnam but never received the Purple Heart for this injuries.

4.  His military records show that he enlisted for 2 years on 21 April 1970 and served a 1 year tour in Vietnam.  He was honorably discharged upon completion of his term of service on 12 January 1972 in pay grade E-4.

5.  His American awards include the Bronze Star Medal with “V” device, the Air Medal, the Army Commendation Medal, the Good Conduct Medal, the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal and the Combat Infantryman Badge.

6.  Medical records reflect that on 10 February 1971, he suffered fragmentation wounds from an exploding grenade round to the left chest and pubis areas.  His enlisted qualification record, in item 40, wounds, also shows that he was wounded in the chest and scrotum on 10 February 1971.

7.  Army Regulation 600-8-22, Military Awards, provides in pertinent part, that the Purple Heart is awarded for a wound sustained as the 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.  Army Regulation 600-200, Preparation and Maintenance of the Enlisted Qualification Record, provides in pertinent part, that item 40 (wounds) of the personnel qualification record will contain a brief description of wounds or injuries requiring medical treatment, received through hostile or enemy action, including those requiring hospitalization.  The entry will also contain the date wounded or injured.

CONCLUSIONS:

1.  While the evidence of record shows that the applicant was a combat casualty as the result of shrapnel wounds, it does not specifically show that the wounds were the result of enemy action.

2.  Notwithstanding the foregoing, when considering the nature of the wound and the circumstances under which it was inflicted, and the other significant awards he received for his actions in combat, it would be reasonable to presume that his injuries were the result of action with the enemy.

3.  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 the individual concerned was awarded the Purple Heart for injuries sustained on 10 February 1971 as a result of hostile action in Vietnam.

BOARD VOTE:  

                       GRANT AS STATED IN RECOMMENDATION

                       GRANT FORMAL HEARING

                       DENY APPLICATION




		                           
		        CHAIRPERSON