PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:            9 June 1999       
	DOCKET NUMBER:   AR1999015646

	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. Elizabeth Buchanon		Chairperson	
	Mr. Raymond J. Wagner		Member	
	Mr. James P. Steuve		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 a second award of the Purple Heart (Purple Heart with first Oak Leaf Cluster).

3.  The applicant states that he was wounded twice in the course of battle and awarded the Purple Heart for only one of the sustained wounds.  In support of his application, he submits a copy of orders for award of the Silver Star.    

4.  The applicant’s military records show that he enlisted on 11 July 1968 for a period of 3 years.  He served in Vietnam as a field crewman from 25 November 1969 to 17 August 1970 and was honorably discharged on 9 July 1971.

5.  The applicant’s DD Form 214 (Report of Transfer or Discharge), which was authenticated in his own hand, does not show the Purple Heart as an authorized award.

6.  Headquarters 24th Evacuation Hospital General Orders Number 137, dated
14 June 1970, shows the applicant was awarded the Purple Heart. 

7.  DA Form 1577 (Authorization for Issuance of Awards), dated 8 March 1973, shows the Office of the Adjutant General, Washington, D.C., determined the applicant was entitled to the Purple Heart.  

8.  The applicant provided a copy of the orders for award of the Silver Star.  The citation for Silver Star describes the events on 14 June 1970 for which the applicant received this award.  In summary, the citation states the applicant “received severe shrapnel wounds in both legs and his chest” by heavy enemy mortar and rocket-propelled grenade fire.  The citation also states the applicant, at a later time in the action, received “arm wounds by a grenade.”

9.  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.  The regulation also states that 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.  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.

CONCLUSIONS:

1.  The applicant was awarded the Purple Heart on 14 June 1970. 

2.  The applicant was awarded the Silver Star for valorous actions in connection with military operations against a hostile force on 14 June 1970.
3.  The Board finds the citation for award of the Silver Star, which indicates that the applicant sustained wounds to his legs, chest and arm by two separate forces during the hostile fire, sufficient as a basis for an additional award of the Purple Heart.  Therefore, he is entitled to correction of his military records to show two awards of the Purple Heart.

4.  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 showing that the individual concerned was awarded the Purple Heart with first Oak Leaf Cluster. 

BOARD VOTE:  

EB______  RJW____  JPS____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Elizabeth Buchanon____
		        CHAIRPERSON

INDEX

CASE ID	AR1999015646	
SUFFIX		
RECON		
DATE BOARDED	19990609	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19710709	
DISCHARGE AUTHORITY	AR 635-200 CHAPTER 2	
DISCHARGE REASON	EXPIRATION OF TERM OF SERVICE	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.