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ARMY | BCMR | CY2001 | 2001064092C070421
Original file (2001064092C070421.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 14 March 2002
         DOCKET NUMBER: AR2001064092


         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. P. A. Castle Analyst

The following members, a quorum, were present:

Ms. JoAnn H. Langston Chairperson
Mr. Roger W. Able Member
Mr. Walter T. Morrison 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 his military record be corrected to show that he was awarded the Purple Heart. He states he was wounded in action and his report of discharge (DD Form 214) does not list the Purple Heart.

3. The applicant was inducted on 1 July 1966. He completed training as a light weapons infantryman and on 6 December 1966, he was assigned to Vietnam.

4. He remained in Vietnam until 5 December 1967. On 28 June 1968, he was honorably relieved from active duty in the grade of E3 at the expiration of his term of service. He had served 1 year, 11 months, and 28 days of total active service. The awards listed on the applicant’s DD Form 214 include the Vietnam Service Medal w/1 Bronze Service Star, Republic of Vietnam Campaign Medal, National Defense Service Medal and the Combat Infantryman Badge.

5. The enlisted qualification record (DA Form 20) in item 40 “wounds”, contain the statement “fragment wound right thigh, 15 April 1967.”

6. 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.

CONCLUSION:

1. The applicant’s DA Form 20 indicates he was wounded while assigned to Vietnam. Therefore, it is reasonable for the Board to believe the applicant did receive the Purple Heart as he claims.

2. Therefore, it would be in the interest of justice to correct his records at this time to show his award of the Purple Heart.

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 for wounds sustained in April 1967 in Vietnam.

BOARD VOTE:

__wtm___ ___jhl___ ___ra_ GRANT AS STATED IN RECOMMENDATION

________ ________ ______ GRANT FORMAL HEARING

________ ________ ______ DENY APPLICATION




                  ____JoAnn Langston_____
                  CHAIRPERSON



INDEX

CASE ID AR2001064092
SUFFIX
RECON YYYYMMDD
DATE BOARDED 2002/03/14
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 61 107.0015/PH
2.
3.
4.
5.
6.




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