PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:               3 December 1998
	DOCKET NUMBER:      AC98-12223

	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	
	Mr. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Edward Williamson		Member	
	Mr. Roger W. Able		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 award of a second Purple Heart.

3.  The applicant states he was wounded twice in Vietnam, but only received one Purple Heart.

4.  The applicant’s military records show that he was inducted on 15 March 1967. He completed training as an infantryman and served in Vietnam from 28 August 1967 to 18 August 1968.  He was honorably discharged on 14 March 1969.

5.  The applicant’s DD Form 214 (Report of Transfer or Discharge) shows only one award of the Purple Heart.  The Board notes the applicant is entitled to the Valorous Unit Award, the Vietnam Cross of Gallantry with Palm Unit Citation and the Vietnam Civil Actions Honor Medal First Class Unit Citation which are not shown on his DD Form 214.

6.  The applicant received the first award of the Purple Heart based on 25th Infantry Division General Orders Number 744, dated 20 February 1968.  There are no orders in the applicant’s records that show he received a second award of the Purple Heart.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows in item 40 (Wounds) two entries:  “FW (L) ELBOW 13 FEB68” [Fragmentation Wound Left Elbow sustained on 13 February 1968] and “GSW: (L) FOREARM 4MAR68” [Gunshot Wound Left Forearm sustained on 4 March 1968].  Informal coordination with the Awards Branch of the Total Army Personnel Command revealed the applicant’s name appeared on the Vietnam Casualty Roster as a battle casualty for wounds received in action on 13 February 1968 and again for wounds received in action on 4 March 1998.

7.  The applicant was awarded the Valorous Unit Award by Headquarters Department of the Army General Orders Number 48, dated 1968.

8.  The applicant was awarded the Vietnam Cross of Gallantry with Palm Unit Citation by Headquarters Department of the Army General Orders Number 48, dated 1971.

9.  The applicant was awarded the Vietnam Civil Actions Honor Medal First Class Unit Citation by Headquarters Department of the Army General Orders Number 5, dated 1971.

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.

CONCLUSIONS:

1.  The applicant received award of the Purple Heart for wounds sustained on 13 February 1968 which was properly documented by orders.  The applicant was wounded a second time as a result of hostile action on 4 March 1968 which is not documented with orders.  Therefore, he is entitled to a second award of the Purple Heart and correction of his records to show this award.

2.  The applicant was awarded the Valorous Unit Award, the Vietnam Cross of Gallantry with Palm Unit Citation and the Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to correction of his records to show these awards.

3.  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 awarding the individual concerned the second award of the Purple Heart and by correcting his records to show this award and the Valorous Unit Award, the Vietnam Cross of Gallantry with Palm Unit Citation and the Vietnam Civil Actions Honor Medal First Class Unit Citation.

BOARD VOTE:  

JNS____  EW______  RWA___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AC98-12223/AR1998012331	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19981203	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.