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ARMY | BCMR | CY2001 | 2001057174C070420
Original file (2001057174C070420.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 21 June 2001
         DOCKET NUMBER: AR200157174


         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.

Mr. Carl W. S. Chun Director
Mr. William Blakely Analyst


The following members, a quorum, were present:

Mr. Melvin H. Meyer Chairperson
Ms. Barbara J. Lutz Member
Mr. Harry B. Oberg 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, in effect, that his military records reflect award of the Purple Heart (PH).

3. The applicant states, in effect, that PH was omitted from his Armed Forces Of The United States Report Of Transfer Or Discharge (DD Form 214) at the time of his discharge. In support of his application his submits a copy of General Order #84 issued by Headquarters, 17th Field Hospital dated 13 April 1970 and a copy of his DD Form 214.

4. The applicant’s military records show that he entered the Army on
30 January 1969. He was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman). His awards include the Bronze Star Medal with “V” Device, the Army Commendation Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with 60 Device, the Combat Infantryman Badge, and the National Defense Service Medal. He was honorably released from active duty on 30 November 1971, in pay grade E-5.

5. The applicant’s DD Form 214 does not show the PH as an authorized award.

6. General Orders #84 issued by Headquarters, 17th Field Hospital, dated
13 April 1970, provided by the applicant shows he was awarded the PH for wounds received in the Republic of Vietnam.

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, and the medical treatment must have been made a matter of official record. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

CONCLUSIONS:

1. The applicant was awarded the PH as indicated in General Orders #84 issued by Headquarters, 17th Field Hospital, dated 13 April 1970, for wounds received in the Republic of Vietnam. Therefore, he is entitled to have his DD Form 214 corrected to show award of the PH.

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 showing that the individual concerned, be corrected by showing that he was awarded the PH.

BOARD VOTE:

__MHM__ __BJL___ __HBO__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Melvin H. Meyer____
                  CHAIRPERSON




INDEX

CASE ID AR2001057174
SUFFIX
RECON YYYYMMDD
DATE BOARDED 2001/06/21
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION (GRANT)
REVIEW AUTHORITY
ISSUES 1. 107.00
2.
3.
4.
5.
6.



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