PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:            18 August 1999   
	DOCKET NUMBER:   AR1999017478

	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. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Edward Williamson		Member	
	Ms. Sherri V. Ward		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, as the widow of a deceased former service member (FSM), correction of her husband’s military records to reflect award of the Purple Heart.  (Analyst Note: The applicant did not provide a copy of death certificate with application; however, the Department of Veterans Affairs confirmed that FSM died on 15 July 1998.) 

3.  The applicant states that the FSM was wounded in February 1967 and was physically presented the Purple Heart on 24 March 1967 at Camp Zama, Japan.  In support of her application, she submits a copy of the FSM’s VA Form 21-6782, dated 27 August 1970; and a copy of the FSM’s DD Form 214 (Report of Transfer or Discharge).

4.  The FSM’s military records show that he was inducted on 19 August 1966.  He served as a light weapons infantryman in Vietnam from 17 February 1967 to 12 February 1968 and was honorably discharged on 7 August 1968.

5.  The FSM’s DD Form 214 does not show the Purple Heart as an authorized award.

6.  Item 40 (Wounds) of the FSM’s DA Form 20 (Enlisted Qualification Record) shows one entry for a fragment wound to the cheek and leg sustained on 
1 March 1967. 

7.  The FSM’s personnel records contain a copy of Headquarters 67th Evacuation Hospital General Orders Number 51, dated 3 March 1967, which shows he was awarded the “Purple Heart - First Award” for wounds sustained on 1 March 1967.  
8.  The FSM’s personnel records also contain a copy of Headquarters 
106th General Hospital General Orders Number 18, dated 11 March 1967, which shows he was awarded the Purple Heart for wounds sustained on 1 March 1967.

9.  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.  

CONCLUSIONS:

1.  The evidence of record shows the FSM received two awards of the Purple Heart for wounds sustained on 1 March 1967.  There is no evidence of record which shows that he was wounded on two separate occasions on 1 March 1967.

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 FSM is entitled to only one award of the Purple Heart for wounds sustained on 1 March 1967.  Therefore, the FSM is entitled to correction of his DD Form 214 to show award of the Purple Heart.      

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 showing that the FSM concerned was awarded the Purple Heart.

BOARD VOTE:  

RVO____  EW_____  SVW____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Raymond V. O’Connor, Jr.
		        CHAIRPERSON

INDEX

CASE ID	AR1999017478	
SUFFIX		
RECON		
DATE BOARDED	19990818	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19680807	
DISCHARGE AUTHORITY	AR 635-200  	
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.