PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:                24 June 1999
	DOCKET NUMBER:       AR1999021793

	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. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Gary C. Miller		Member	
	Mr. Curtis L. Greenway		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 the Purple Heart.

3.  The applicant states that he was wounded on 9 January 1968 at Katum, 
Vietnam by a landmine explosion under a bulldozer while he was driving and was hospitalized.

4.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows he initially served on active duty from October 1962 to October 1965. 

5.  After a break in service, he reenlisted on 10 January 1966 and served as a heavy equipment operator.  He served in Vietnam from 20 January 1966 to 21 January 1967 and from 28 October 1967 to 27 October 1968 and was honorably discharged on 28 October 1968.

6.  After another break, he reenlisted on 15 December 1970 as a crawler tractor operator.  He continued to serve until he was honorably discharged on 11 March 1971 for immediate reenlistment.  He reenlisted on 12 March 1971 and served in Vietnam from 26 July 1971 to 6 April 1972 and was honorably discharged on 11 March 1975.

7.  The applicant’s DD Form 214 (with an effective date of 28 October 1968) shows he was awarded the Vietnam Service Medal, the Vietnam Campaign Medal with 1960 device, the Good Conduct Medal and the National Defense Service Medal.

8.  The applicant’s DD Form 214 (with an effective date of 11 March 1975) shows he was awarded the Good Conduct Medal 2nd award and the Expert Qualification Badge Rifle M14.

9.  The applicant’s personnel records do not contain any orders awarding the Purple Heart.  Informal coordination with the Awards Branch of the Total Army Personnel Command revealed that the applicant’s name appeared twice on the 
Vietnam Casualty Roster as wounded in action on 7 January 1968 and on 13 May 1968.

10.  The Board notes that item 15 (Date entered Active Duty This Period) of the applicant’s DD Form 214 (with an effective date of 11 March 1975) shows the entry “71 12 03” (3 December 1971).  The applicant’s DD Form 4 (Enlistment Contract-Armed Forces of the United States) shows he enlisted on 12 March 1971.

11.  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.  The bronze oak leaf cluster is awarded to denote the second and succeeding awards of a certain decoration, among which is the Purple Heart.

CONCLUSIONS:

1.  Evidence or record shows that the applicant was wounded twice as a result of hostile action while serving in Vietnam on 7 January 1969 and on 13 May 1968.  Therefore, he is entitled to correction of his records to show the two awards of the Purple Heart (Purple Heart with First Oak Leaf Cluster).

2.  Item 15 of the applicant’s DD Form 214 (with an effective date of 11 March 1975) incorrectly show his date of entry as active duty for this period.

3.  Evidence of record shows that the applicant entered active duty this period on 12 March 1971; therefore, he is entitled to correction of item 15 of his DD Form 214 to show the entry “71 03 12” (12 March 1971).

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 and by showing the entry 71 03 12 (12 March 1971) in item 15 of his DD Form 214 (with an effective date of 11 March 1975).

BOARD VOTE:  

RVO____  GCM____  CLG____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Raymond V. O’Connor, Jr.
		        CHAIRPERSON

INDEX

CASE ID	AR1999021793	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990624	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19750311	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1,  61.		
2.  100		
3.		
4.		
5.		
6.