PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:                 5 January 2000
	DOCKET NUMBER:        AR1999028152

	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. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Ms. Erin J. Olmes		Chairperson	
	Mr. John D. Miller		Member	
	Mr. James M. Alward		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 correction of his records to show award of the Purple Heart. 

3.  The applicant states that “Two Purple Heart Medals were awarded to [him]” and these medals are not listed on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 

4.  The applicant’s military records show that he was inducted on 10 May 1966 and completed training as an infantryman.  He served in Vietnam from 28 January 1967 to 25 July 1967 at which time he was evacuated for wounds sustained in combat.  He was honorably discharged on 7 March 1968 and placed on the Temporary Disability Retired List.  He was permanently retired on 31 July 1972.

5.  The applicant’s DD Form 214 does not show the Purple Heart as an authorized award.  However, the applicant provided a copy of Valley Forge General Hospital General Orders Number 92, dated 5 December 1967, which awarded him the Purple Heart for wounds sustained on 4 July 1967.

6.  There are no orders in the applicant’s records which show that he was awarded a second Purple Heart.  There is no indication that the applicant was wounded a second time as a result of hostile action.  His DA Form 20 (Enlisted Qualification Record) shows in item 40 (Wounds) only the entry for the wounds he sustained on 4 July 1967. 

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows the applicant is entitled to award of the Vietnam Cross of Gallantry with Palm Unit Citation based on Department of the Army General Order Number 31, dated 1969.

8. .  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) also shows the applicant is entitled to award of the Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Order Number 59, dated 1969.

9.  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 certain decorations, among which is the Purple Heart.

CONCLUSIONS:

1.  Orders show the applicant received one award of the Purple Heart for wounds sustained on 4 July 1967.  Therefore, he is entitled to correction of his records to show one award of the Purple Heart.

2.  There is no evidence of record, and the applicant has provided no evidence, that he was wounded a second time; therefore, he is not entitled to a second award of the Purple Heart.

3.  The applicant was awarded the Vietnam Cross of Gallantry with Palm Unit Citation and the Vietnam Civil Actions Honor Medal First Class Unit Citation; therefore, he is entitled to correction of his records to show these awards.

4. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing the individual concerned was awarded the Purple Heart, the Vietnam Cross of Gallantry with Palm Unit Citation and the Vietnam Civil Actions Honor Medal First Class Unit Citation.

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

BOARD VOTE:  

EJO____  JDM_____  JMA____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Erin J. Olmes_________
		        CHAIRPERSON

INDEX

CASE ID	AR1999028152	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000105	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19680310	
DISCHARGE AUTHORITY	TITLE 10 USC SECTION 102. . . . .  	
DISCHARGE REASON	TEMPORARY DISABILITY	
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY	MR SCHNEIDER	
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.