PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            26 September 2000                  
	DOCKET NUMBER:   AR2000043311

	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. Arthur A. Omartian 		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. Thomas F. Baxter		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 military records to show two additional awards of the Purple Heart.

3.  The applicant states, in effect, that he was wounded three times in Vietnam.  In support of his application, he submits a copy of DD Form 1252 (Owner’s U.S. Customs Declaration and Entry and Inspecting Officer’s Certificate) dated
15 April 1967; a letter, dated 29 May 1985, from the U.S. Army Reserve Components Personnel and Administration Center; a copy of his DD Form 214 (Report of Transfer or Discharge); and two award certificates for the Purple Heart for wounds received on 20 November 1966 and 17 May 1966.

4.  The applicant’s military records show that he was inducted on 5 November 1965.  He served as a light weapons infantryman in Vietnam from 20 April 1966 through 18 April 1967 and was honorably released on 3 November 1967.

5.  The applicant’s DD Form 214, which was authenticated in his own hand, shows one award of the Purple Heart as an authorized award.

6.  The applicant’s records contain 93d Evacuation Hospital General Orders Number 104, dated 19 May 1966, which show the applicant was awarded the Purple Heart for wounds received on 17 May 1966.

7.  His records contain 25th Infantry Division General Orders Number 1547, dated 22 November 1966, which show the applicant was awarded the Purple Heart (First Oak Leaf Cluster) for wounds received on 20 November 1966.  This award is not shown on his discharge document.    

8.  Item 40 (Wounds) on the applicant’s DA Form 20 (Enlisted Qualification Record) indicates that he was wounded on 7 May 1966, 17 May 1966 and on
20 November 1966.  

9.  There are no orders in the applicant’s service personnel records which show that he was awarded the Purple Heart for wounds received on 7 May 1966.  The applicant’s name is not listed on the Vietnam Casualty Roster for wounds on
7 May 1966.  His records contain Morning Reports which show that he was wounded in action on 17 May 1966 and 20 November 1966, but not on 7 May 1966. 

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.  The Board noted the applicant’s contention that he was wounded three times in Vietnam.  The Board also noted the three entries listed in item 40 (Wounds) on his DA Form 20.  However, the preponderance of evidence in this case shows that the applicant was wounded on 17 May 1966 and on 20 November 1966.  Therefore, the applicant is entitled to correction of his military records to show two awards of the Purple Heart (correctly known as the Purple Heart (First Oak Leaf Cluster)).

3.  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 that the individual concerned was awarded the Purple Heart (First Oak Leaf Cluster).

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

BOARD VOTE:  

AAO___  MHM____  TFB_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Arthur A. Omartian____
		        CHAIRPERSON

INDEX

CASE ID	AR2000043311	
SUFFIX		
RECON		
DATE BOARDED	20000926	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19671103	
DISCHARGE AUTHORITY	AR 635-200  	
DISCHARGE REASON	Expiration term of service	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.