PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            31 May 2000       
	DOCKET NUMBER:   AR2000037279

	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. Carl W. S. Chun		Director	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. James E. Vick		Chairperson	
	Mr. Stanley Kelly		Member	
	Mr. John P. Infante		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 a second award of the Purple Heart (correctly known as the Purple Heart (First Oak Leaf Cluster)).

3.  The applicant states that he was wounded on two occasions in Vietnam
(15 December 1969 and 9 April 1970).  He also contends that his discharge document only shows one award of the Purple Heart.  In support of his application, he submits a copy of his DD Form 214 (Report of Transfer or Discharge), a copy of a telegram dated 17 December 1969, a copy of orders for the Bronze Star Medal with “V” Device, a copy of a Western Union Telegram dated 12 April 1970, and a copy of orders for the Purple Heart for wounds sustained on 9 April 1970.  

4.  The applicant’s military records show that he was inducted on 18 March 1969. He served as a light weapons infantryman in Vietnam from 16 August 1969 through 14 August 1970 and was honorably discharged on 27 December 1970.

5.  The applicant’s DD Form 214 shows one award of the Purple Heart as an authorized award.        

6.  The applicant’s personnel records contain a Western Union Telegram, dated 16 December 1969, which indicates the applicant was slightly wounded in action in Vietnam on 15 December 1969 by fragments while driving a military vehicle on a combat operation when a hostile force was encountered.

7.  Headquarters, 93d Evacuation Hospital General Orders Number 100, dated 10 April 1970, shows the applicant was awarded the Purple Heart for wounds sustained on 9 April 1970 in Vietnam.

8.  The applicant’s DD Form 214 shows the Bronze Star Medal as an authorized award.  However, there are no orders in the applicant’s service personnel records which show that he was awarded the Bronze Star Medal.  There also is no evidence in his records that he was recommended for award of the Bronze Star Medal.  His DA Form 20 (Enlisted Qualification Record) does not list the Bronze Star Medal in item 41 (Awards and Decorations).

9.  Headquarters, II Field Force Vietnam General Orders Number 1523, dated 
10 April 1970, shows the applicant was awarded the Bronze Star Medal with “V” Device for heroism on 15 December 1969 in Vietnam.  This award is not shown on his DD Form 214.  

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

CONCLUSIONS:

1.  The applicant’s DD Form 214 shows one award of the Purple Heart.

2.  Evidence of record shows the applicant was wounded on 15 December 1969 and on 9 April 1970 in Vietnam.  Therefore, he is entitled to correction of his military records to show two awards of the Purple Heart.

3.  The applicant’s DD Form 214 also shows the Bronze Star Medal.  

4.  There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he was awarded the Bronze Star Medal.

5.  Evidence of record shows the applicant was awarded the Bronze Star Medal with “V” Device.

6.  Based on the foregoing, the Board determined that the applicant’s DD Form 214 should reflect the Bronze Star Medal with “V” Device, not the Bronze Star Medal.  Therefore, the applicant is entitled to correction of his DD Form 214 to show the Bronze Star Medal with “V” Device instead of the Bronze Star Medal.

7.  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 showing that the individual concerned was awarded the Purple Heart (First Oak Leaf Cluster); and

b.  by deleting the entry “BSM” [Bronze Star Medal] in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 of the individual concerned; and 

c.  by showing that he was awarded the Bronze Star Medal with “V” Device in item 24 of his DD Form 214. 

BOARD VOTE:  

JEV_____  SK____  JPI_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		James E. Vick__________
		        CHAIRPERSON

INDEX

CASE ID	AR200037279	
SUFFIX		
RECON		
DATE BOARDED	20000531	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19701227	
DISCHARGE AUTHORITY	AR 635-200 Chapter 5	
DISCHARGE REASON	School Release	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.