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Decision Text

ARMY | BCMR | CY2001 | 2001057194C070420
Original file (2001057194C070420.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 18 October 2001
         DOCKET NUMBER: AR2001057194


         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
Ms. Deyon D. Battle Analyst

The following members, a quorum, were present:

Mr. Fred N. Eichorn Chairperson
Mr. Melvin H. Meyer Member
Ms. Barbara J. Ellis 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 that he be awarded the Purple Heart.

3. The applicant states that he spent 7 days in the hospital after being wounded while he was in Vietnam. In support of his appeal he submits copies of three letters that he wrote to his parents dated 31 August, 20 September and 22 September 1970, indicating that he had been wounded in the leg.

4. The applicant’s military records show that he was inducted into the Army in Omaha, Nebraska on 24 June 1969. He successfully completed his training as a light weapons infantryman. He was transferred to Vietnam on 31 October 1969 and he was promoted to pay grade of E-5 on 4 April 1970.

5. His awards include the National Defense Service Medal, the Combat Infantryman Badge, the Army Commendation Medal, the Bronze Star Medal, the Vietnam Service Medal w/two Bronze Stars, the Vietnam Campaign Medal w/Device 1960, the Sharpshooter Badge (rifle M-14) and the Expert Badge
(rifle M-16).

6. A review of the records shows that the applicant was hospitalized on 31 August 1970 after he sustained a gunshot wound to his left thigh. The Casualty Reference Name Listing for the period covering 1 January 1961 through 30 Jun 1973, maintained by The Adjutant General’s Office (TAGO) shows that he was wounded in action on 31 August 1970. The records also show that on 31 August 1970, while he was hospitalized, the applicant wrote a letter to his parents informing them that he had been shot in the leg while he was setting up security for a supply helicopter. He was discharged from the hospital on 6 September 1970, after his sutures were removed.

7. He returned to the Continental United States on 29 October 1970 and he was honorably discharged on 23 June 1971 at the expiration of his term of service.

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

CONCLUSIONS:

1. The evidence of record shows that the applicant was in Vietnam when he sustained a gunshot wound to his left thigh while setting up security for a supply helicopter.



2. He was hospitalized from 31 August until 6 September 1970 and the casualty report maintained by the TAGO reflects that he was wounded in action. Additionally, while he was hospitalized he wrote a letter to his parents informing them that he had been wounded. Therefore, it is reasonable to presume that he is entitled to the Purple Heart for the wound he received on 31 August 1970.

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 awarding the individual concerned the Purple Heart for the gunshot wound he received to his left thigh on 31 August 1970 as a result of hostile action by the enemy while serving in the rank of Sergeant (E-5).

BOARD VOTE:

__fe ____ __mm __ ___be___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ____Fred N. Eichorn _____
                  CHAIRPERSON




INDEX

CASE ID AR2001057194
SUFFIX
RECON YYYYMMDD
DATE BOARDED 2001/10/18
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 46 107.0000
2. 61 107.0015
3.
4.
5.
6.


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