PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           13 February 2001  
	DOCKET NUMBER:   AR2000048888

	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. June Hajjar		Chairperson	
	Ms. Shirley Powell		Member	
	Mr. Harry B. Oberg		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, three awards of the Purple Heart (correctly known as the Purple Heart (Second Oak Leaf Cluster)). 

3.  The applicant states, in effect, that he was awarded the Purple Heart on three occasions and his discharge document needs to be corrected.  In support of his application, he submits a copy of a Western Union Telegram; a photograph of a soldier receiving a medal; an award certificate for the Purple Heart dated 17 May 1966 and a copy of his DD Form 214 (Report of Transfer of Discharge).  

4.  The applicant’s military records show that he was inducted on 5 August 1965. He served as a light weapons infantryman in Vietnam from 24 January 1966 until he was seriously wounded on 16 May 1966 and returned to the United States on 27 May 1966.  The applicant was honorably released on 4 August 1967. 

5.  The applicant’s DD Form 214 does not show any award of the Purple Heart as an authorized award.   

6.  Item 40 (Wounds) on the applicant’s DA Form 20 (Enlisted Qualification Record) shows the applicant was wounded on 16 May 1966.  

7.  The applicant’s name appears once on the Vietnam Casualty Roster for wounds sustained on 16 May 1966.

8.  Headquarters 3d Field Hospital General Orders Number 25, dated 17 May 1966, show the applicant was awarded the Purple Heart for wounds received in action on 16 May 1966. 

9.  The applicant provided a copy of a Western Union Telegram, dated 17 May 1966, which states that the applicant was seriously injured in Vietnam on 16 May 1966 as the result of hostile action.  He also provided an award certificate for the Purple Heart for wounds received in action on 16 May 1966 in Vietnam. 

10.  There is no evidence in the applicant’s personnel service records which shows that he was wounded a second or third time as a result of hostile action in Vietnam.

11.  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 Board considered the applicant’s contention that he was awarded the Purple Heart on three occasions.  However, evidence of record shows that he was wounded only once in Vietnam on 16 May 1966 and was awarded the Purple Heart.  Therefore, the applicant is entitled to correction of his DD Form 214 to show one award of the Purple Heart. 

2.  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.

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

BOARD VOTE:  

JH______  SP_____  HBO____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_June Hajjar________
		        CHAIRPERSON

INDEX

CASE ID	AR2000048888	
SUFFIX		
RECON		
DATE BOARDED	20010213	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19670804	
DISCHARGE AUTHORITY	AR 635-200 Chapter 2  	
DISCHARGE REASON	Expiration term of service	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.