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ARMY | BCMR | CY2001 | 2001061536C070421
Original file (2001061536C070421.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 6 November 2001
         DOCKET NUMBER: AR2001061536


         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:

Ms. Deborah S. Jacobs Chairperson
Mr. Elzey J. Arledge, Jr. Member
Mr. Donald P. Hupman, Jr. 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 DD Form 214 (Report of Transfer or Discharge) to show award of the Purple Heart.

3. The applicant states that he was wounded on 6 September 1969 in Vietnam. In support of his application, he submits a copy of his DD Form 214; reassignment orders, dated 18 February 1970; and an award certificate for the Purple Heart.

4. The applicant’s military records show that he was inducted on 28 March 1968. He served as a light weapons infantryman in Vietnam from 18 September 1968 through 13 September 1969 and was honorably released on 27 March 1970.

5. The applicant’s DD Form 214 does not show the Purple Heart as an authorized award. There are no orders for the Purple Heart in the applicant’s personnel service records.

6. The applicant provided an award certificate, dated 15 September 1969, which shows he received the Purple Heart for wounds received in action on
6 September 1969 in Vietnam.

7. The Awards Branch of the U.S. Total Army Personnel Command confirmed that the applicant was awarded the Purple Heart for wounds sustained on
6 September 1969 by 101st Airborne Division General Orders 12079, dated
15 September 1969.

8. 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. The applicant received the Purple Heart for wounds sustained on
6 September 1969 in Vietnam. Therefore, the applicant is entitled to correction of his discharge document 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.

BOARD VOTE:

DSJ____ EJA____ DPH_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _Deborah S. Jacobs__
                  CHAIRPERSON




INDEX

CASE ID AR2001061536
SUFFIX
RECON
DATE BOARDED 20011106
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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