PROCEEDINGS

	IN THE CASE OF:          

	BOARD DATE:                30 October 2001              
	DOCKET NUMBER:       AR2001060723

	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. Beverly A. Young		Analyst	

  The following members, a quorum, were present:

	Ms. Celia L. Adolphi		Chairperson	
	Mr. Arthur A. Omartian		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 correction of his records to show two awards of the Purple Heart (correctly known as the Purple Heart (First Oak Leaf Cluster)) for wounds he sustained in combat in Vietnam.

3.  The applicant states that he was wounded twice in Vietnam, once in October 1967 and once in January 1968.  He contends that he was never given a Purple Heart for either of these wounds.  In support of his application, he submits a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and a Clinical Record Cover Sheet.

4.  The applicant’s military records show that he enlisted in the Regular Army on 29 December 1966 for a period of three years.  He completed infantry training and served in Vietnam from 29 July 1967 through 9 February 1968.  The applicant was discharged on 1 July 1968 by reason of physical disability.

5.  The applicant’s DD Form 214 does not show any awards of the Purple Heart.

6.  Item 40 (Wounds) of the applicant’s DA Form 20 (Enlisted Qualification Record) shows he sustained fragment wounds to his right leg on 6 October 1967. His personnel records contain a Chronological Record of Medical Care which shows he sustained a grenade fragment wound to his right thigh on 6 October 1967.  

7.  The applicant’s DA Form 20 also shows he sustained a gunshot wound to his right leg on 21 January 1968.  

8.  The Board noted that 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 8, dated 1974.

9.  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.  There are no orders available to the Board which authorize award of the Purple Heart to the applicant.  However, medical evidence of record shows the applicant was wounded on 6 October 1967 as a result of hostile action in Vietnam.

2.  Records show the applicant was wounded a second time on 21 January 1968; therefore, he is entitled to two awards of the Purple Heart and correction of his records to show the Purple Heart (First Oak Leaf Cluster).

3.  The applicant was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation; therefore, he is entitled to correction of his records to show this award.

4.  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) and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

BOARD VOTE:  

CLA____  HBO_____  AAO____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Celia L. Adolphi_____
		        CHAIRPERSON

INDEX

CASE ID	AR2001060723	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20011030	
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		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.