PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:  1 November 2001
	DOCKET NUMBER:  AR2001059615

	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. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Mr. Walter T. Morrison		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Mr. Arthur Omartian		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, that his records be corrected to show that he was awarded two Purple Hearts.

3.  The applicant states that he was awarded two Purple Hearts.  He submits a copy of one Purple Heart order and certificate and a DA Form 1577 (Authorization for Issuance of Awards) that shows that a second award of the Purple Heart was “painted out.”

4.  The applicant’s military records show that he was inducted and entered active duty on 22 January 1969.  He served in Vietnam from 23 June 1969 to 26 August 1970.  He was separated from active duty on 27 August 1970, in the pay grade of E-5.  The Purple Heart is not listed as an authorized award on his DD Form 214 (Report of Transfer or Discharge).

5.  The General Order that awarded the Purple Heart to the applicant effective 26 February 1970, is in the available records.  His DA Form 20 (Qualification Record) also shows that he was wounded on 26 February 1970, but fails to show any other dates of being wounded in action.  The Vietnam Casualty Roster also fails to show that he was wounded on any other date.

6.  The DA Form 1577 provided by the applicant shows that award code 11 (Purple Heart) was authorized to be issued and a mark in the column for an oak leaf cluster was “painted out” to indicate that a mark had been entered in the wrong column.

7.  Army Regulation 600-8-22 provides that the Purple Heart is awarded to an individual who is wounded in action against an enemy of the United States.  The wound must have required medical treatment, and the medical treatment must have been made a matter of record.

CONCLUSIONS:

1.  The available records clearly show that the applicant was awarded the Purple Heart for wounds received in action on 26 February 1970, and he is entitled to have that award added to his DD Form 214.

2.  There is no evidence of record, and no credible evidence provided by the applicant, to show that he is entitled to a second award of the Purple Heart.

3.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

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 for the individual concerned be corrected by showing that he was awarded the Purple Heart on 26 February 1970.

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

BOARD VOTE:  

__wm___  ___cg__  ___ao___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Walter T. Morrison____
		        CHAIRPERSON

INDEX

CASE ID	AR2001059615	
SUFFIX		
RECON		
DATE BOARDED	20011101	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PARTIAL	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.