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ARMY | BCMR | CY2001 | 2001058578C070421
Original file (2001058578C070421.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 6 September 2001
         DOCKET NUMBER: AR2001058578


         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. Jessie B. Strickland Analyst

The following members, a quorum, were present:

Mr. Luther L. Santiful Chairperson
Mr. John T. Meixell Member
Mr. Melvin H. Meyer 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 his report of separation (DD Form 214) be corrected to reflect his award of the Purple Heart.

3. The applicant states, in effect, that he was awarded the Purple Heart but his DD Form 214 was never corrected to reflect the award.

4. The applicant’s military records show that he was inducted on 21 November 1967. He successfully completed his training and was transferred to Vietnam on 9 June 1968 for duty as a cannoneer with A Battery, 3rd Battalion 16th Artillery.

5. On 29 March 1969 he was admitted as a patient to the 7th Field Hospital and was subsequently transferred to Letterman General Hospital in San Francisco, California on 22 April 1969. He remained there until he was honorably released from active duty (REFRAD) on 4 July 1969. He had served 1 year, 7 months and 14 days of total active service and was awarded the National Defense Service Medal, the Vietnam Service Medal and the Republic of Vietnam Campaign Medal. A the time of his REFRAD, his records indicated that he had no wounds.

6. On 8 February 1980 the Army Reserve Personnel Center (ARPERCEN) issued the applicant the award of the Purple Heart for wounds received in action against the enemy in Vietnam on 23 February 1969. It appears that information was taken from morning report entries to verify his entitlement to the award. However, there is no indication that the award was ever added to his DD Form 214.

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 a result of hostile action, that the wound must have required treatment by a medical officer, and that the medical treatment was made a matter of official record.

CONCLUSIONS:

1. The applicant was clearly awarded the Purple Heart for wounds/injuries received in action against the enemy on 23 February 1969. However, it appears that an administrative oversight resulted in his records not being corrected to reflect that award.

2. Accordingly, the Board finds that it would be in the interest of justice to do so at this time.

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 that the individual concerned was awarded the Purple Heart.

BOARD VOTE:

__jm____ ___mm__ ___ls ___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _____Luther Santiful______
                  CHAIRPERSON




INDEX

CASE ID AR2001058578
SUFFIX
RECON YYYYMMDD
DATE BOARDED 2001/09/06
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 61 107.0015/PH
2. 189 110.0000/CORR 214
3.
4.
5.
6.


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