PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:            28 September 2000                  
	DOCKET NUMBER:   AR2000037281

	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	
	Mr. W. E. Schnupp		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor, Jr.		Chairperson	
	Mr. Donald P. Hupman		Member	
	Mr. Ernest M. Willcher		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 that he be awarded three additional Purple Hearts for wounds received in combat in Vietnam.

3.  The applicant states that while filing a disability claim with the Department of Veterans Affairs (DVA) the DVA representative pointed out that he was wounded five (5) times but only awarded one Purple Heart with one oak leaf cluster.  He says that his military medical record will show three additional field medical cards describing wounds.  

4.  In support of his request, he has provided copies of three field medical cards (US Field Medical Card – DD Form 1380) showing that he was wounded on 23 July 1968, 18 September 1968 and 23 September 1968 (He contends that the two Purple Hearts that he already has were for wounds on 19 July 1968 and 7 November 1968).

5.  The applicant’s military record shows that he was inducted on 4 October 1967 and awarded the military occupational specialty (MOS) of medical specialist. He served in Vietnam as a medical aidman with the 39th Engineer Battalion from April to December 1968.  On 11 December 1968, he was evacuated to the States for medical treatment and honorably discharged on 4 September 1969 in the grade of specialist four.

6.  His awards (as determined by the US Army Reserve Personnel Center (ARPERCEN) in 1988) include the Purple Heart with One Oak Leaf Cluster, the Good Conduct Medal, the Meritorious Unit Award, the National Defense Service Medal, the Vietnam Service Medal with Three Service Stars, the Vietnam Campaign Medal with 1960 Device, the Vietnam Gallantry Cross with Palm Unit Citation, the Expert Badge with Automatic Rifle Bar and the Sharpshooter Badge with Rifle Bar.

7.  There is no evidence in the records concerning the wounds he says he received on 19 July and 7 November 1968.

8.  The applicant’s separation document (DD Form 214) does not reflect the Purple Heart as an authorized decoration.  Nor, is it reflected in item 41 (awards and decorations) of his Enlisted Qualification Record (DA Form 20).  Item 40 (wounds) or the DA Form 20 does not show that he suffered any wounds as a result of enemy action.

9.  The copies of the DD Forms 1380 provided by the applicant (the originals of which are in his Health Record Folder) show that on 23 July 1968 he suffered abrasions to the arm, leg and face and shrapnel to the face while engaged in the 

act of repulsing an enemy ambush.  On 18 September 1968 he received knee and back injuries and shrapnel in both legs when the vehicle he was riding in was hit by enemy fire.  On 23 September 1968 he sustained shrapnel in the back and hand during a mortar attack.  A medical officer has authenticated all three medical cards.

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 by a medical officer, and the medical treatment must have been made a matter of official record.

11.  Army Regulation 40-66, Medical Record Administration and Health Care Documentation, provides in pertinent part, that DD Form 1380 will be used to record basic patient identification data and to describe the problem requiring medical attention and the care provided.  The combat medic, the first respondent attending battle casualties, will initiate DD Form 1380.  A medical officer will complete the form or supervise its completion.  When DD Form 1380 has been initiated by a combat medic, the supervising AMEDD officer will complete, review, and sign DD Form 1380. 

CONCLUSIONS:

1.  The evidence of record shows that the applicant was wounded as a result of enemy action on three separate occasions – 23 July, 18 September and 23 September 1968, - as established by DD Form 1380.  Each of these injuries would warrant a Purple Heart, thus, he is entitled to the Purple Heart with Two Oak Leaf Clusters.

2.  The available records contains no information regarding the wounds he contends that he received on 19 July and 7 November 1968, and there is no information showing what basis the ARPERCEN used to determined that he was authorized the Purple Heart with One Oak Leaf Cluster.  They did, however, deny him a second oak leaf cluster citing the fact that accidental injuries received in action do not warrant a Purple Heart.  But no reference was found in his file regarding an accidental injury.  Nonetheless, from the information currently available he should be awarded one more oak leaf cluster to the Purple Heart.

3.  Accordingly, the applicant is entitled to the Purple Heart with Two Oak Leaf Clusters only and not five awards of the Purple Heart as he suggests.

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

RECOMMENDATION:

1.  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 Two Oak Leaf Clusters for wounds received in Vietnam.

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

BOARD VOTE:  

__rvo ___  ___dph__  ____emw  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__________Raymond V. O'Connor, Jr.___
		        CHAIRPERSON

INDEX

CASE ID	AR2000037281	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000928	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.