PROCEEDINGS
IN THE CASE OF:.
BOARD DATE: 19 November 1998
DOCKET NUMBER: AC97-11349
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.
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 correction of his military records to show award of the Purple Heart.
3. The applicant states he was wounded in action by enemy fire in December 1966 in Vietnam.
4. The Disabled American Veterans Office was notified that the applicants case was available for review. To date, there has been no response and the case will be processed and presented to the Board for decision.
5. The applicants military records show he entered active duty on 30 August 1960. He reenlisted on two occasions and served in Vietnam as a light weapons infantryman from 22 August 1966 until he was wounded and hospitalized on
1 December 1966. He was separated from active duty with a general discharge on 1 May 1968.
6. The applicants DD Form 214 (Report of Discharge) does not show the Purple Heart as an authorized award.
7. DD Form 173 (Joint Message Form), dated 21 April 1967, shows EM med evac this sta due to wounds sustained in hostile action and is authorized PH. [Enlisted member medical evacuee this station due to wounds sustained in hostile action and is authorized Purple Heart]. Item 39 (Physicians Summary and Elaboration of all Pertinent Data) of the applicants Standard Form 89 (Report of Medical History), dated 22 March 1968, shows GSW Combat RVN Left thigh [Gunshot wound, combat, Vietnam, left thigh].
8. 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, and the medical treatment must have been made a matter of official record.
CONCLUSIONS:
1. Evidence of record shows the applicant sustained wounds as a result of hostile action in Vietnam. Therefore, he is entitled to correction of his military records to show award of the Purple Heart.
2. In view of the foregoing, the applicants 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.
BOARD VOTE:
FNE_____ TAP____ BJE_____ GRANT AS STATED IN RECOMMENDATION
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
______________________
CHAIRPERSON
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