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ARMY | BCMR | CY2003 | 2003084532C070212
Original file (2003084532C070212.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 13 May 2003
         DOCKET NUMBER: AR2003084532


         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
Mrs. Nancy L. Amos Analyst


The following members, a quorum, were present:

Ms. Margaret K. Patterson Chairperson
Mr. Ted S. Kanamine Member
Mr. Lawrence Foster 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 that his two Purple Hearts be added to his DD Form 214 (Report of Separation from Active Duty).

3. The applicant states that he needs to show the Department of Veterans Affairs he was awarded the Purple Heart.

4. The applicant’s military records show that, after having had prior service, he entered active duty as a commissioned officer on 27 January 1967.

5. The applicant first served in Vietnam from on or about 13 July 1967 to on or about 19 January 1969.

6. The applicant was awarded the Purple Heart by Headquarters, 9th Infantry Division on General Orders number 8635, dated 17 September 1968, for wounds received on 21 April 1968.

7. The applicant provides a Purple Heart certificate which shows he was wounded on 31 December 1968.

8. The Republic of Vietnam Casualty Roster shows the applicant was wounded twice, on 21 April 1968 and on 31 December 1968.

9. On 11 December 1978, the applicant was honorably released from active duty. His DD Form 214 for the period 27 January 1967 through 11 December 1978 does not show that he was awarded the Purple Heart.

10. Army Regulation 600-8-22 (Military Awards) states 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.

CONCLUSIONS:

1. There is sufficient evidence of record to show the applicant was wounded twice and awarded the Purple Heart both times. These awards were erroneously omitted from his DD Form 214 and should be added.

2. In view of the foregoing, the applicant’s records should be corrected as recommended below.


RECOMMENDATION:

That the applicant's DD Form 214 for the period 27 January 1967 through December 1978 be amended to add two awards of the Purple Heart.

BOARD VOTE:

__mkp___ __tdk___ __lf ____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Margaret K. Patterson
                  CHAIRPERSON




INDEX

CASE ID AR2003084532
SUFFIX
RECON
DATE BOARDED 20030513
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY Mr. Schneider
ISSUES 1. 110.04
2.
3.
4.
5.
6.


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