PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           5 October 2000     
	DOCKET NUMBER:   AR2000043787

	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:

	Ms. Shirley Powell		Chairperson	
	Mr. Elzey J. Arledge		Member	
	Mr. Jaime Perez		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, in effect, correction of his DD Form 214 (Report of Transfer or Discharge) with an effective date of 26 June 1974 to show a second award of the Purple Heart (correctly known as the Purple Heart (First Oak Leaf Cluster)) for wounds received in action on 30 March 1968 in Vietnam.

3.  The applicant states, in effect, that he was wounded in action on two occasions in Vietnam and that he received two Purple Heart medals.  However, his discharge document only shows one award of the Purple Heart.  In support of his application, he submits a 7 June 2000 letter from the Military Order of the Purple Heart in Syracuse, New York; and a copy of his DD Form 214 with an effective date of 26 June 1974.  

4.  The applicant’s military records show that he was inducted on 3 February 1961 and honorably released for immediate reenlistment on 7 July 1961.  He reenlisted on 8 July 1961 for a period of 3 years, served as a light weapons infantryman in Germany and was honorably released on 17 June 1964.  The applicant entered active duty on 2 September 1965, served as a light weapons infantryman in Korea, Germany, Vietnam, Hawaii and Okinawa.  He served in Vietnam from 2 August 1967 through 2 July 1968 and from 8 August 1970 to 
7 August 1971 and was honorably discharged on 26 June 1974. 

5.  The applicant’s DD Form 214 with an effective date of 26 June 1974 shows one award of the Purple Heart as an authorized award. 

6.  4th Infantry Division General Orders Number 453, dated 21 January 1968, shows the applicant was awarded the Purple Heart for wounds received in action on 8 November 1967.

7.  There are no orders for award of the Purple Heart for wounds received in action on 30 March 1968 in the applicant’s personnel records.  However, item
40 (Wounds) on his DA Form 20 (Enlisted Qualification Record) shows the entry “FGW [fragment wound] R-Leg [right leg] 30Mar68”.  The Vietnam Casualty Roster shows the applicant is listed as a combat casualty on 30 March 1968.

8.  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 with an effective date of 26 June 1974 shows one award of the Purple Heart.

2.  Evidence of record shows the applicant was wounded in action on two occasions in Vietnam, on 8 November 1967 and 30 March 1968.  Therefore, the applicant is entitled to correction of his DD Form 214 with an effective date of 
26 June 1974 to show two awards of the Purple Heart.

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: 

a.  by deleting the entry “Purple Heart” in item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on the DD Form 214 with an effective date of 26 June 1974 of the individual concerned; and  

	b.  by adding the entry “Purple Heart (First Oak Leaf Cluster) in item 26 on the DD Form 214.

BOARD VOTE:  

SP______  EJZ____  JP_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Shirley Powell______
		        CHAIRPERSON

INDEX

CASE ID	AR2000043787	
SUFFIX		
RECON		
DATE BOARDED	20001005	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19740626	
DISCHARGE AUTHORITY	AR 635-200  	
DISCHARGE REASON	Overseas Returnee	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.