PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:           22 October 1998                  
	DOCKET NUMBER:   AC98-10486

	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:

	Ms. June Hajjar		Chairperson	
	Mr. Fred K. McCoy		Member	
	Ms. Shirley L. Powell		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, in effect, two awards of the Purple Heart (correctly known as Purple Heart with one Oak Leaf Cluster), the Combat Infantryman Badge (CIB) and the Air Medal.

3.  The applicant states, in effect, he is entitled to these awards and submits copies of orders announcing award of the CIB and his DA Form 20 (Enlisted Qualification Record). 

4.  The applicant’s military records show he enlisted on 31 May 1966, served in Vietnam from July 1967 through December 1969 and was separated with an honorable discharge on 1 January 1970.  His DD Form 214 (Report of Transfer or Discharge) does not show the CIB or Air Medal as authorized awards.  The Board notes the applicant’s DD Form 214 shows the Purple Heart as an authorized award.

5.  71st Evacuation Hospital General Orders Number 62, dated 27 November 1967, shows the applicant was awarded the “Purple Heart - First Award”. 

6.  71st Evacuation Hospital General Orders Number 72, dated 5 December 1967, revoked General Orders 62 (award of Purple Heart). 

7.  Headquarters, 67th Evacuation Hospital General Orders Number 164, dated 16 July 1969, shows the applicant was awarded the “Purple Heart - Second Award”. 

8.  Headquarters 173d Airborne Brigade Special Orders Number 315, dated
11 November 1969, shows the applicant was awarded the CIB.

9.  There is no evidence of record that shows the applicant met the qualifications for or was recommended for award of the Air Medal.

10.  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, and the medical treatment must have been made a matter of official record.  The bronze oak leaf cluster is awarded to denote the second and succeeding awards of a certain decorations, among which is the Purple Heart.

11.  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 applicant’s DD Form 214 shows one award of the Purple Heart.  Evidence of record shows the applicant was awarded two awards of the Purple Heart.  However, evidence of record also shows the applicant’s first award of the Purple Heart was revoked.  Therefore, he is entitled to only one award of the Purple Heart and no correction to his DD Form 214 is required.                   

2.  The applicant was awarded the CIB; therefore, he is entitled to correction of his military records to show this award.

3.  The applicant is not entitled to the Air Medal because there is no evidence of record that he was recommended for, awarded, or otherwise qualified for this decoration.
 
4.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only 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 CIB.

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

BOARD VOTE:  

JH______  FKM_____  SLP____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON