PROCEEDINGS

	IN THE CASE OF:   

	BOARD DATE:      25 February 1998
	DOCKET NUMBER:   AC97-08886A

	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.  The following members, a quorum, were present:

	Ms.	Joann H. Langston		Chairperson	
	Mr.	Calvin M. Fowler		Member	
	Ms.	Karen L. Wolff		Member	

	Also present, without vote, were:

	Mr.	Karl F. Schneider		Acting Director	
	Mr.	Jessie B. Strickland		Examiner	

	The applicant and counsel if any, did not appear before the Board.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	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 that his records be corrected to show he was awarded the Purple Heart for shrapnel wounds he received in combat in Vietnam on 19 December 1968.

3.  The applicant states that he was wounded in Vietnam on 19 December 1968 and was treated by medical personnel for his wounds.  He further states that he was given a Purple Heart Medal but that he has never received any type of orders nor have his official records ever been annotated to reflect the award. 

4.  The applicant’s records show that the applicant enlisted on 27 June 1968 for a period of 3 years.  He successfully completed his training as a field artillery crewman and was transferred to Vietnam on 25 November 1968.

5.  On 19 December 1968, while serving in the pay grade of E-3 with A Battery, 6th Battalion, 14th Artillery, the applicant was treated at the 71st Evacuation Hospital for a fragmentation wound to the upper arm/shoulder.  He received follow-up treatment to have the dressings changed until 24 December 1968, when the wound was sutured.

6.  He continued to serve in Vietnam until he was transferred to Fort Sam Houston, Texas on 26 June 1970.  He reenlisted on 31 August 1971 for a period of 4 years and continued to serve until he was honorably discharged in the pay grade of E-5 on 29 August 1975.  He had served 7 years, 2 months, and 3 days of total active service.

7.  A review of the applicant’s records failed to show that the applicant was ever awarded the Purple Heart for his wounds.

8.  Army Regulation 672-5-1, in effect at the time, 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.  

CONCLUSIONS:

1.  The applicant’s medical records clearly show that he was wounded in action by the enemy on 19 December 1968 while serving in Vietnam.  Accordingly, he meets the criteria for award of the Purple Heart.

2.  In view of the foregoing, it would be appropriate to correct the applicant’s records 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 wounded in action by the enemy in Vietnam on 19 December 1968 and was awarded the Purple Heart.         

BOARD VOTE:  

  KW     JHL     CMF   GRANT AS STATED IN RECOMMENDATION

                       GRANT FORMAL HEARING

                       DENY APPLICATION

		                           
		        CHAIRPERSON