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ARMY | BCMR | CY2002 | 2002069184C070402
Original file (2002069184C070402.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 16 April 2002
         DOCKET NUMBER: AR2002069184


         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. Irene N. Wheelwright Chairperson
Ms. Melinda M. Darby Member
Mr. John T. Meixell 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 requested and was awarded a Purple Heart in 1966; however, he never received an amended discharge document.

4. The applicant’s military records show that he enlisted on 22 July 1963 for a period of 3 years. He served as a light weapons infantryman in Vietnam from
16 August 1965 through 8 February 1966 and was honorably released on 21 July 1966.

5. The applicant’s DD Form 214 does not show award of the Purple Heart as an authorized award.

6. There are no orders for the Purple Heart in the available records.

7. Item 27 (Wounds Received as a Result of Action with Enemy Forces) on the applicant’s DD Form 214 shows the entry, “VIETNAM - Nov 1965”.

8. Item 40 (Wounds) on the applicant’s DA Form 20 (Enlisted Qualification Record) shows the applicant sustained a bullet wound to his left leg between his knee and ankle on 17 November 1965.

9. The available records contain a DD Form 1380 (U.S. Field Medical Card), dated 18 November 1965, which shows the applicant was wounded in action during an ambush on 17 November 1965 in Vietnam and was treated for injuries to his left leg.

10. 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. Evidence of record shows the applicant was wounded in action on
17 November 1965 in Vietnam, that he was treated for injuries to his left leg and the medical treatment was documented on a DD Form 1380 (U.S. Field Medical Card). Therefore, the Board determined there was sufficient evidence on which to base award of the Purple Heart in this case.

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 sustained as a result of hostile action on 17 November 1965 in Vietnam.

BOARD VOTE:

INW___ MMD___ JTM_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Irene N. Wheelwright____
                  CHAIRPERSON




INDEX

CASE ID AR2002069184
SUFFIX
RECON
DATE BOARDED 20020416
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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