PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           1 July 1999                    
	DOCKET NUMBER:   AR1999017574

	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. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Ms. JoAnn H. Langston		Chairperson	
	Mr. Fred K. McCoy		Member	
	Mr. Stanley Kelley		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 that his records be corrected to show a second award of the Army Commendation Medal (ARCOM) and that he be awarded a second Purple Heart.  He submits medical records in support of his application.

3.  The applicant states that he was awarded a second ARCOM that is not on his DD Form 214 (report of separation) and that he was wounded in December 1968 but did not receive the Purple Heart.

4.  The applicant’s military records show that he was inducted and entered active duty on 7 March 1968.  He completed infantry training and was assigned to Vietnam from 31 October 1968 through 30 October 1969.  He was separated from active duty on 6 March 1970 and transferred to the Army Reserve.

5.  His DD Form 214 shows that his authorized awards include the ARCOM with “V” device and the Purple Heart.  The same information is listed on his DA Form 20 (qualification record).  The available record contains copies of his award for the ARCOM with “V” device and a second award with oak leaf cluster dated 1 April 1969.

6.  The medical document provided by the applicant shows that he was treated on 13 December 1968 by the infantry battalion medical personnel for a fragmentation wound to his back caused by a US grenade launcher during enemy action.  The field medical card also is annotated “IRHA” which means incurred as a result of hostile action.

7.  Included as part of the Department of Defense Appropriations Act for fiscal year 1994 was an amendment to the rules established that the Purple Heart would only be awarded to individuals killed or wounded as a result of hostile action.  The amendment enabled the Service Secretaries to award the Purple Heart to members who were killed or wounded in action by weapons fire while directly engaged in armed conflict, other than as the result of enemy action.  This granted the Service Secretaries the authority to award the Purple Heart to individuals engaged in armed conflict who were killed or wounded as a result of “friendly fire”.

CONCLUSIONS:

1.  The evidence of record clearly shows that the applicant was awarded the ARCOM with oak leaf cluster and he is entitled to have it recorded on his report of separation.

2.  The evidence of record also indicates that the applicant was wounded by “friendly fire” while engaged in armed conflict but not awarded the Purple Heart.  It would now be appropriate to authorize a second award of the Purple Heart effective 13 December 1968.
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:

a.  by correcting the records of the individual concerned to show that he was awarded the Army Commendation Medal with oak leaf cluster; and

b.  by awarding him the second award of the Purple Heart for wounds as a result of enemy action in Vietnam on 13 December 1968.

BOARD VOTE:  

__jhl___  __fkm___  __sk____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		JoAnn H. Langston
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999017574	
SUFFIX		
RECON		
DATE BOARDED	19990701	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.