PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           10 JANUARY 2002
	DOCKET NUMBER:   AR2001062112

	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. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Ted S. Kanamine		Member	
	Mr. John T. Meixell		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 that his record be corrected to show two awards of the Purple Heart. 

3.  The applicant states that he was wounded on two different occasions and medically evacuated on the last occasion; however, neither Purple Heart is reflected on his DD Form 214. 

4.  The applicant’s military records show that he was inducted into the Army on 17 November 1966, completed training as an infantryman, and in May 1967 was assigned to Company C, 1st Battalion, 12th Cavalry of the 1st Cavalry Division in Vietnam.  That unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for its actions during the period in which the applicant was assigned to the unit.  

5.  A casualty report shows that the applicant sustained a fragmentation wound below his right eye when hit by a hostile grenade at 1400 hours on                      7 October 1967, and was treated at the 67th Evacuation Hospital.  A follow up report shows that his right eye injury was severe, that he also had superficial fragment wounds of the arm and shoulder, and that he was admitted to the    106th General Hospital in Japan on 11 October 1967.  On 19 October 1967 his right eye was removed.  

6.  An order published by 85th Evacuation Hospital [in Vietnam] shows that the applicant was awarded the Purple Heart for the wounds that he received on        7 October 1967.  An order published by the 106th General Hospital shows that the applicant was awarded the Purple Heart, again for the wounds that he received on 7 October 1967.  The applicant participated in two campaigns during his tour in Vietnam.

7.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows that he received fragmentation wounds to the face and right eye on 7 October 1967.

8.  Medical Board (MEB) proceedings show that his right eye was removed on  19 October 1967, secondary to a penetrating injury that he received on               7 October 1967; and that he had a healed opacity to the corneal of his left eye, secondary to corneal abrasion, which he sustained on 7 October 1967.  The narrative summary shows that the applicant incurred injuries to his right eye, left eye, and some small, very superficial lacerations of the right arm, anterior chest wall, and left pinna, all sustained on 7 October 1967.

9.  On 14 December 1967 a Physical Evaluation Board (PEB) determined that the applicant should be permanently retired with a 40 percent disability rating. The applicant was discharged with a permanent disability on 31 January 1968.  His DD Form 214 does not show award of the Purple Heart, nor does it show award of the Army Good Conduct Medal. 

10.  Army Regulation 600-8-22 provides 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.  That regulation also states that a Purple Heart is authorized for the first wound suffered as a result of hostile action, but for each subsequent award an oak leaf cluster will be awarded.  Not more than one award will be made for more than one wound or injury received at the same instant or from the same missile, force, explosion, or agent.

11.  Army Regulation 600-8-22 provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the
termination of a period of Federal military service.   

12.  The Vietnam Service Medal is awarded for service in Vietnam after               3 July 1965 through 28 March 1973.  One bronze service star is authorized for wear on the Vietnam Service Medal for each campaign. 

CONCLUSIONS:

1.  The applicant was wounded in action on 7 October 1967, sustaining a serious wound to his right eye, which was later removed, a wound to his left eye, and superficial wounds to other parts of his body.  Those wounds were from an enemy hand grenade at approximately 1400 hours on 7 October 1967.  The applicant is entitled to one award of the Purple Heart. 

2.  The applicant served his country faithfully and honorably.  He is entitled to award of the Army Good Conduct Medal.

3.  The applicant is also entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Vietnam Service Medal with two bronze service stars (one for each campaign).

4.  There is no evidence, however, nor has the applicant provided any, to show that he was wounded on another occasion, either on 7 October 1967, or any other date.  His medical evacuation to Japan and then to the United States were a result of the wounds that he received at approximately 1400 hours on               7 October 1967.  Consequently, he is not entitled to a second award of the Purple Heart. 

5.  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 be corrected by showing that the individual concerned was awarded the Purple Heart, the Army Good Conduct Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Vietnam Service Medal with two bronze service stars.  

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

BOARD VOTE:  

__FNE __  __TSK __  __JTM __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___  Fred N. Eichorn_____
		        CHAIRPERSON

INDEX

CASE ID	AR2001062112	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020110	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.	62	
3.		
4.		
5.		
6.