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Decision Text

ARMY | BCMR | CY2003 | 2003083519C070212
Original file (2003083519C070212.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 15 July 2003
         DOCKET NUMBER: AR2003083519


         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. Fred N. Eichorn Chairperson
Ms. Margaret V. Thompson Member
Mr. Eric N. Anderson 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 reconsideration of his application to correct his military records by awarding him the Purple Heart.

3. The applicant states, in effect, that he failed to provide proof of his injury in his previous request and desires that the Board consider the medical documents from his military medical records which document his wound.

4. The proceedings of the Board’s 29 October 2002 review of the case (AR2002076698) is incorporated herein by reference as if wholly set forth.

5. The applicant’s submission is new evidence and/or argument that requires Board consideration.

6. The new evidence consists of a Standard Form 600 (Chronological Record of Medical Care) from his military medical records dated 3 February 1970, while serving in Vietnam. It shows that he was treated for a bullet wound thru the ear, which was dressed and sutured. He was treated at the Camp Holloway Dispensary located in Pleiku, South Vietnam. The applicant was assigned to the 179th Aviation Company at the time.

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.

8. The 179th Aviation Company (medium helicopter) was organized as a medium helicopter unit and was activated at Fort Benning, Georgia on 15 December 1965. The unit deployed to Vietnam in 1966 and was initially stationed at Dong Ba Thin and then moved to Camp Holloway, Pleiku, South Vietnam. The company was assigned to the 52nd Combat Aviation Battalion and provided helicopter support to as many as five separate locations simultaneously within the II Corps Tactical Zone.

CONCLUSIONS
:

1. In the Board's previous consideration, it did not have the advantage of reviewing the applicant's medical records; however, the Board finds that the applicant has provided sufficient proof to show that he was wounded in Vietnam on 3 February 1970.

2. Although the document does not indicate that the wound was the result of enemy action, the Board finds it reasonable to presume that such was the case and that the failure to award him them Purple Heart was simply an administrative oversight.
3. Accordingly, the Board finds it in the interest of justice to award him the Purple Heart for wounds received in the Republic of Vietnam on 3 February 1970, while serving in the rank of specialist four (SP4).

4. In view of the foregoing findings and conclusions, correcting the applicant’s records as recommended below would correct an error or rectify an injustice.

RECOMMENDATION: That all of the Department of the Army records related to this case be corrected by awarding the individual concerned the Purple Heart for wounds received in action against the enemy in Vietnam on 3 February 1970, while serving in the rank of SP4.

BOARD VOTE:

___ena__ ___fe ___ __mvt___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _____Fred N. Eichorn______
                  CHAIRPERSON


INDEX

CASE ID AR2003083519
SUFFIX
RECON
DATE BOARDED 2003/07/15
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
REVIEW AUTHORITY
ISSUES 1. 61 107.0015/PH
2.
3.
4.
5.
6.





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