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ARMY | BCMR | CY2001 | 2001059771C070421
Original file (2001059771C070421.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 16 October 2001
         DOCKET NUMBER: AR2001059771


         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. Wanda L. Waller Analyst


The following members, a quorum, were present:

Mr. Raymond V. O’Connor Chairperson
Mr. Donald P. Hupman Member
Ms. Regan K. Smith 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 award of the Purple Heart.

3. The applicant states that he is entitled to award of the Purple Heart for injuries to his head on 24 January 1968 in Vietnam. In support of his application, he submits a letter of explanation, dated 26 June 2001; a Standard Form 600 (Chronological Record of Medical Care), dated 25 January 1968; a copy of his retirement DD Form 214 (Certificate of Release or Discharge from Active Duty) with an effective date of 31 December 1980; and a copy of his DA Form
20 (Enlisted Qualification Record).

4. The applicant’s military records show that he enlisted on 29 December 1958 for a period of 3 years. He served as a light weapons infantryman and was honorably released from active duty on 14 June 1962 and transferred to the U.S. Army Reserve. He entered active duty again on 8 June 1964. The applicant served as a supply sergeant in Vietnam from 3 October 1967 through 2 October 1968 and from 9 September 1969 through 9 September 1970. He remained on active duty through continuous reenlistments until he retired in the rank of first sergeant on 31 December 1980.

5. The applicant’s military records contain two discharge documents. One DD Form 214 covers the applicant’s active duty service from 29 December 1958 through 14 June 1962 and the other DD Form 214 covers his period of active duty service from 27 February 1976 through 31 December 1980. These DD Forms 214 do not show the Purple Heart as an authorized award.

6. The applicant provided a copy of a Standard Form 600 (Chronological Record of Medical Care), dated 25 January 1968, which shows he sustained a fragment wound to his head in Vietnam.

7. Army Regulation 600-8-22 (Military Awards) 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. Medical evidence of record shows the applicant sustained a fragment wound to his head on 25 January 1968 in Vietnam. Therefore, the applicant is entitled to correction of his military records to show award of the Purple Heart.

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 be corrected by showing that the individual concerned was awarded the Purple Heart for wounds received in action on 25 January 1968.

BOARD VOTE:

RVO___ DPH_____ RKS_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _Raymond V. O’Connor_____
                  CHAIRPERSON




INDEX

CASE ID AR2001059771
SUFFIX
RECON
DATE BOARDED 20011016
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION (GRANT)
REVIEW AUTHORITY
ISSUES 1. 107.0015
2.
3.
4.
5.
6.


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