PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:           15 July 1999      
	DOCKET NUMBER:   AR1999019918

	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. George D. Paxson		Chairperson	
	Ms. Jennifer L. Prater		Member	
	Ms. Debra Williams		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, correction of his military records to show three awards of the Purple Heart (correctly known as the Purple Heart with two Oak Leaf Clusters) and to show the correct spelling of his last name   , instead of       

3.  The applicant states, in effect, that he is entitled to three awards of the Purple Heart and his last name is misspelled on his military records.  In support of his application, the applicant submits a copy of his DD Form 214 (Report of Transfer or Discharge); an award certificate, dated 16 August 1967, which shows he was awarded the Purple Heart for wounds received in action on 15 August 1967; an award certificate, dated 10 September 1967, which shows he was awarded the Purple Heart for wounds received in action on 15 August 1967; an award certificate, dated 25 October 1967, which shows he was awarded the Purple Heart (First Oak leaf Cluster) for wounds received in action on 23 October 1967; and his Honorable Discharge Certificate, dated 18 October 1972. 

4.  The applicant’s military records show that he was inducted on 19 October 1966.  He successfully completed training and was transferred to Vietnam for duty as a light weapons infantryman.  The applicant served in Vietnam from 
7 April 1967 to 3 April 1968, was honorably discharged from active duty on
18 October 1968 and transferred to the Army Reserve.  He was honorably discharged from the Army Reserve on 18 October 1972. 

5.  The applicant’s DD Form 214, which was authenticated in his own hand, does not show the Purple Heart with two Oak Leaf Clusters as an authorized award.  The Board notes the DD Form 214 does not show any award of the Purple Heart.

6.  Headquarters 67th Evacuation Hospital General Orders Number 193, dated
16 August 1967, shows the applicant was awarded the Purple Heart (First Award) for wounds sustained on 15 August 1967.

7.  Headquarters 4th Infantry Division General Orders Number 2910, dated
11 September 1967, shows the applicant was awarded the Purple Heart for wounds sustained on 15 August 1967.       

8.  Headquarters 67th Evacuation Hospital General Orders Number 271, dated
25 October 1967, shows the applicant was awarded the Purple Heart (Second Award) for wounds sustained on 23 October 1967.

9.  The applicant’s DD Form 214 with an effective date of 18 October 1968 and his Honorable Discharge Certificate, dated 18 October 1972, show his last name as    The applicant’s Form 20 (Acknowledgement of Service Obligation), dated 19 October 1966, which was authenticated in his own hand, shows his last name as           Armed Forces Examining and Entrance Station Special Orders Number 207, dated 19 October 1966, indicates that the applicant was inducted in the Army on this date and displays his last name as          Item 1 (Last Name – First Name – Middle Name) of the applicant’s DA Form 428 (Application for Identification Card), which was executed by the applicant and issued on 22 October 1966, shows                      

10.  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 applicant received two awards of the Purple Heart for wounds sustained on 15 August 1967.  However, there is no evidence of record which shows that he was wounded on two separate occasions on 15 August 1967.

2.  Records also show he received the Purple Heart for wounds sustained on 
23 October 1967. 

3.  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 applicant is entitled to only one award of the Purple Heart for wounds sustained on 15 August 1967.  Therefore, he is entitled to correction of his military records to show a total of two awards of the Purple Heart, which is correctly known as the Purple Heart with one Oak Leaf Cluster.

4.  The evidence of record clearly shows the applicant’s last name was            when he was inducted in the Army in 1966.  However, through an administrative error his last name was incorrectly recorded on his DD Form 214 with an effective date of 18 October 1968 and his Honorable Discharge Certificate, dated 18 October 1972.  Therefore, it would be in the interest of justice to correct his DD Form 214 and Honorable Discharge Certificate, at this time.   

5.  In view of the foregoing, the applicant’s records should be corrected, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected:

a.  by showing that the individual concerned was awarded the Purple Heart with one Oak Leaf Cluster; and 

b.  by showing in item 1 (Last Name – First Name – Middle Name) the entry                      on his DD Form 214 with an effective date of 
18 October 1968; and

	c.  by showing his name as                      on his Honorable Discharge Certificate, dated 18 October 1972.

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

BOARD VOTE:  

GDP_____  JLP____  DW_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		George D. Paxson______
		        CHAIRPERSON

INDEX

CASE ID	AR1999019918	
SUFFIX		
RECON		
DATE BOARDED	19990715	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19721018	
DISCHARGE AUTHORITY	AR 635-200 Chapter 2	
DISCHARGE REASON	Expiration of Term of Service	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.	100.0100	
3.		
4.		
5.		
6.