PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           10 May 2000
	DOCKET NUMBER:   AR2000038813

	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. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. George D. Paxson		Member	
	Mr. Thomas B. Redfern, III		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 two Purple Hearts (correctly known as the Purple Heart First Oak Leaf Cluster)

3.  The applicant states, in effect, that his awards of the Purple Heart are not shown 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 served on active duty three separate times during the period 21 November 1962 through 2 November 1979 and that he received three DD Forms 214.  He served in Vietnam from 17 October 1967 to 12 October 1968, and his Vietnam service is recorded on the DD Form 214 with a date of entry of 4 February 1966 and an effective date of 11 October 1968.  None of the three DD Forms 214 issued to him show the Purple Heart or the Purple Heart (First Oak Leaf Cluster) as authorized awards. 

5.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows in item 40 (Wounds) that the applicant sustained fragment wounds to the legs on 6 May 1968 and bruises to the right side on 3 July 1968.  His records also contain 25th Infantry Division General Orders Number 4985, dated 9 July 1968, which awarded him the Purple Heart (First Oak Leaf Cluster) for wounds sustained on 3 July 1968; however, there are no orders in the applicant’s records for the first award of the Purple Heart.  The Vietnam Casualty Roster confirms the applicant was wounded as a result of hostile action on 6 May and 3 July 1968. 

6.  The Board also noted that the applicant’s DD Form 214 with an effective date of 11 October 1968 does not show any unit awards.

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 unit, to which the applicant was assigned, was cited for award of the Presidential Unit Citation for actions during the period 31 January 1968 based on Department of the Army General Orders 69, dated 1969.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 48, dated 1971.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) also shows the applicant is entitled to award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 51, dated 1971.

10.  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 that the applicant was awarded the Purple Heart (First Oak Leaf Cluster); therefore, he is entitled to correction of his records to show award of the Purple Heart (First Oak Leaf Cluster).

2.  Orders show that the applicant was awarded the Presidential Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to correction of his records to show these awards.

3.  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 the individual concerned was awarded the Purple Heart (First Oak Leaf Cluster), the Presidential Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

BOARD VOTE:  

________  ________  ________  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000038813	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2000/05/10	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY	MR SCHNEIDER	
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.