PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           11 October 2001                   
	DOCKET NUMBER:   AR2001060727

	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. Joann Langston 		Chairperson	
	Mr. Mark D. Manning		Member	
	Mr. Jose A. Martinez		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 reconsideration of his previous application to correct his military records to show award of the Purple Heart and two awards of the Air Medal.

3.  The applicant states, in effect, that he finds it hard to believe that his military records do not contain evidence that he was awarded the Purple Heart or two awards of the Air Medal.  He states that he was involved in combat, wounded in combat and received medical care as a result.  In support of his claim, he submits a letter of explanation, dated 9 July 2001, and orders for award of the Air Medal (First Oak Leaf Cluster). 

4.  The Proceedings of the Board’s 15 May 2001 review of the case (AR2001054374) are incorporated herein by reference as if wholly set forth.

5.  The applicant’s submission is new evidence that requires Board consideration.

6.  The applicant failed to provide any new evidence that he was wounded or treated for wounds as a result of hostile action in Vietnam.

7.  The applicant provided a copy of 199th Infantry Brigade General Orders Number 1326, dated 1 November 1968, which show the applicant was awarded the Air Medal (First Oak Leaf Cluster). 

8.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against an enemy or 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 by a medical officer, and the medical treatment must have been made a matter of official record.

9.  Regulation provides that Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the Air Medal.  The numeral 2 denotes the second award of the Air Medal.

CONCLUSIONS:

1.  There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he was wounded or treated for wounds as a result of hostile action in Vietnam.  Therefore, the applicant is not entitled to correction of his military records to show award of the Purple Heart. 

2.  The applicant received two awards of the Air Medal.  Therefore, the applicant is entitled to correction of his military records to show award of the Air Medal with Numeral “2”.

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 Air Medal with Numeral “2”. 

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

BOARD VOTE:

JL______  MDM____  JAM____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Joann Langston______
		        CHAIRPERSON

INDEX

CASE ID	AR2001060727	
SUFFIX		
RECON	20010515	
DATE BOARDED	20011011	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.0018	
2.	107.0015	
3.		
4.		
5.		
6.