PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            8 December 1999                  
	DOCKET NUMBER:   AR1999022754

	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. W. W. Osborn, Jr.		Analyst	

  The following members, a quorum, were present:
	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. James P. Huber		Member	
	Mr. Arthur A. Omartian		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. Applicant requests a reconsideration of his previous application to correct his records by awarding him the Purple Heart with five oak leaf clusters.  He relates the circumstances of his several wounds and concludes, in effect, that these circumstances could not reasonably be interpreted as having been received at the “same instant or from the same missile, force, explosion or agent. “

3.  The applicant states that the reports of his medical evaluation boards (MEBs) show that he was wounded more than once.  He relates, in effect,  that on 
7 February 1968 he sustained a fragment wound to the left wrist.  It was treated at the battalion aid station.  On 14 February 1998 he sustained fragment wounds from a rocket propelled grenade.  Later that day he was struck in the chest and almost immediately recognized that he had sustained a sucking chest wound.  Sometime after that a bullet struck him in the face.  Four soldiers were carrying him when he sustained a flesh wound across his right forearm by yet another burst from an automatic rifle.  While hospitalized at Walter Reed several metal fragments were removed from his foot.  The counsel offers no evidence or argument beyond what was submitted with the application.

4.  The Memorandum of Consideration of the Board’s 24 December 1997 review of his request is incorporated herein by reference as if wholly set forth.
5.  The applicant’s military records evidence a 6 March 1968 letter from the company commander to the applicant’s father that states “he was wounded several times.”

6.	 His service medical records show that he sustained a gunshot wound to the
face resulting in the loss of his right eye and several teeth, severe sinus and severe TMJ problems. He also sustained multiple fragment wounds to the chest causing pulmonary problems.  He also has scars on his lower right arm and there is a record of podiatry treatment in 1975 to reduce the changes due to surgery to the left foot and an order for X-rays of his left foot.  However there is available radiology report for those X-rays.

7.  The applicant was retired as a captain due to physical disability on 31 December 1975.  He had been serving on a medical waiver since 1969. 

8.  Army Regulation 600-8-22, Military Awards, provides, in pertinent that no 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.

CONCLUSIONS:

1.	 The applicant sustained serious permanently disabling injuries as the result
 of hostile action.  Unfortunately, there is no corroborating evidence to substantiate the applicant’s assertions.  His available medical records simply show that he sustained a gunshot wound to the face and fragment wounds to the upper body and arms.  The company commander’s words that “he was wounded several times.” are troubling.  Yet one might use those exact words if a single round of explosive ordnance had broken a leg, and caused multiple fragment wounds and concussion.  Witness statements might help to substantiate the applicant’s request but, unfortunately, none are available.

2.  The previous interpretation (that this incident qualified for award of only one Purple Heart because the words “All wounds incurredwere from the same hostile action“ is identical in meaning to the words  “at the same instant or from the same missile, force, explosion or agent.”) is an inadvertent application of the regulation as written.  

3. In view of the foregoing findings and conclusions, correcting the applicant’s records as recommended below would rectify an injustice.

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 oak leaf cluster for wounds sustained in combat on 14 February 1968.                
BOARD VOTE:
___RVO_  ___JPH__  ___AAO_  GRANT AS STATED IN RECOMMENDATION
________  ________  ________  GRANT FORMAL HEARING
________  ________  ________  DENY APPLICATION

					Raymond V. O’Connor, Jr.
	        				CHAIRPERSON

INDEX

CASE ID	AR1999024376	
SUFFIX		
RECON		
DATE BOARDED	19991208	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	MODIFY	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.