PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:           15 September 1999                  
	DOCKET NUMBER:   AR1998012945

	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. Loren G. Harrell		Director	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. James M. Alward		Chairperson	
	Mr. Ted S. Kanamine		Member	
	Ms. Kathleen A. Newman 		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 military records to show two awards of the Purple Heart (correctly known as the Purple Heart with one Oak Leaf Cluster), the Bronze Star Medal and the Air Medal. 

3.  The applicant states, in effect, that he was awarded the Bronze Star Medal and one Purple Heart while in the Yokohama Hospital in Japan.  He contends that he was medically evacuated out of Vietnam, his records were lost, and his entire company was wiped out in Laos during the TET offensive.  He also contends that he was wounded twice (hit with an AK-47 in the arm and shrapnel from a 155 Howitzer in the back and leg) and received the Air Medal.  In support of his application, he submits a copy of a DD Form 214 (Report of Transfer or Discharge); a copy of a Patients Bed Card dated 30 November 1968; a letter from the Walson Army Hospital in Fort Dix, New Jersey, regarding information about the American Red Cross; a letter from the 12th Evacuation Hospital regarding the forwarding of the Purple Heart to Next of Kin; a certificate of appreciation; orders and certificate for the Purple Heart for wounds sustained on 25 November 1968; and four photographs of medals (Bronze Star Medal and Purple Heart).     

4.  The applicant’s military records show that he was inducted on 7 September 1967.  He served as a light weapons infantryman in Vietnam from 25 September 1968 until he was wounded on 25 November 1968 and transferred to Fort Dix, New Jersey, for medical treatment on 20 December 1968.  He was honorably discharged on 11 March 1970.

5.  The applicant’s DD Form 214, which was authenticated in his own hand, does not show the Purple Heart with one Oak Leaf Cluster, the Bronze Star Medal or the Air Medal as authorized awards.

6.  Headquarters 12th Evacuation Hospital General Orders Number 277, dated
27 November 1968, shows the applicant was awarded the Purple Heart for wounds sustained on 25 November 1968. 

7.  Headquarters 1st Air Cavalry Division General Orders Number 14396, dated 30 November 1968, shows the applicant was awarded the Purple Heart for wounds sustained on 25 November 1968. 

8.  Item 40 (Wounds) of the applicant’s DA Form 20 (Enlisted Qualification Record) shows one entry “FW R FLANK/R ARM 25Nov68” [fragment wound right flank/right arm].

9.  Headquarters 1st Cavalry Division (Airmobile) General Orders Number 1071, dated 27 January 1969, shows the applicant was awarded the Bronze Star Medal for meritorious service, not involving participation in aerial flight, in connection with military operations against a hostile force in the Republic of Vietnam.
10.  There are no flight hours recorded in the applicant’s personnel records.  There is no evidence that he met the qualifications for or was recommended for award of the Air Medal. 

11.  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.  The regulation also states that a Purple Heart is authorized for the first wound suffered under conditions indicated above, but for each subsequent award an Oak Leaf Cluster will be awarded.  Not more than one award will be made for more than one wound or injury received at the same instant or from the same missile, force, explosion, or agent.  

12.  Army Regulation 600-8-22 provides, in pertinent part, that the Air Medal is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight.  This award is primarily intended for personnel on flying status, but may also be awarded to those personnel whose combat duties require them to fly, for example personnel in the attack elements of units involved in air-land assaults against an armed enemy.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
 
CONCLUSIONS:

1.  The Board noted the applicant’s contention that he was wounded twice in Vietnam.  The evidence of record shows the applicant received two awards of the Purple Heart for wounds sustained on 25 November 1968.  However, there is no evidence of record which shows that he was wounded on two separate occasions on 25 November 1968.

2.  Based on the foregoing and the governing regulation, not more than one award of the Purple Heart will be made for more than one wound or injury received at the same instant or from the same missile, force, explosion, or agent. Thus, the Board determined that the applicant is entitled to only one award of the Purple Heart for wounds sustained on 25 November 1968.  Therefore, he is entitled to correction of his military records to show only one award of the Purple Heart. 

3.  The applicant was awarded the Bronze Star Medal; therefore, he is entitled to correction of his military records to show this award.   

4.  Although the applicant contends that he received the Air Medal, there is no evidence available to the Board, and the applicant has provided no evidence, which shows he was recommended for, awarded, or otherwise qualified for award of the Air Medal.  Therefore, he is not entitled to this award.

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

RECOMMENDATION:

1.  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 and the Bronze Star Medal.

2.  That so much of the application as is in excess of the foregoing be denied. 

BOARD VOTE:  

JMA____  TSK_____  KAN____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		James M. Alward_______
		        CHAIRPERSON

INDEX

CASE ID	AR1998012945	
SUFFIX		
RECON		
DATE BOARDED	19990915	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19700311	
DISCHARGE AUTHORITY	AR 635-200   	
DISCHARGE REASON	Expiration term of service	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.	107.0014	
3.	107.0018	
4.		
5.		
6.