2.  The applicant requests that he be awarded the Purple Heart for injuries incurred in Vietnam.

3.  He states that he was on a combat mission when the explosives they were using accidentally detonated.  He was medically retired as a result of injuries he suffered in the explosion.

4.  The applicant’s records show that he was involved in using demolitions to blow up tunnels and clear a landing  zone in Vietnam on 9 March 1968.  The unit was using nonelectrial blasting caps to set off the charges.  While handling these explosives a detonation occurred which resulted in amputation of his right hand, visual and hearing impairment and disfiguring scars to the face and upper body. On 31 January 1969 he was medically retired because of these injuries.

5.  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 by a medical officer, and the medical treatment must have been made a matter of official record.

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

2.  Notwithstanding the foregoing, when considering the nature of the wounds and the circumstances under they were inflicted, it would be reasonable to presume that they 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 9 March 1968 as a result of hostile action in Vietnam.

BOARD VOTE:  

                       GRANT AS STATED IN RECOMMENDATION

                       GRANT FORMAL HEARING

                       DENY APPLICATION




		                           
		        CHAIRPERSON