PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           13 December 2001   
	DOCKET NUMBER:   AR2001062380

	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:

	Mr. Samuel A. Crumpler		Chairperson	
	Mr. Mark D. Manning		Member	
	Ms. Regan K. Smith		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 DD Form 214 (Report of Transfer or Discharge) to show award of the Purple Heart.

3.  The applicant states that his Purple Heart was not annotated on his DD Form 214.  In support of his application, he submits a copy of an award certificate for the Purple Heart.  

4.  The applicant’s military records show that he was inducted on 9 May 1966.  He served as an infantry indirect fire crewman in Vietnam from 25 October 1966 through 7 July 1967 and was honorably released on 8 May 1968.

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

6.  The applicant’s records show that he was hospitalized on 26 March 1967 at the 249th General Hospital and evacuated to the United States on 7 July 1967. 

7.  249th General Hospital General Orders Number 43, dated 3 May 1967, show the applicant was awarded the Purple Heart for wounds sustained on 21 March 1967.

8.  4th Infantry Division General Orders Number 1526, dated 22 June 1967, show the applicant was awarded the Purple Heart for wounds sustained on 21 March 1967.  

9.  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 regulation also states, in pertinent part, that 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. 

10.  U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided, in pertinent part, for award of the Purple Heart.  The regulation stated that authority to award the Purple Heart was delegated to hospital commanders.  Further, it directed that all personnel treated and released within 24 hours will be awarded the Purple Heart by the organization to which the individual is assigned. Personnel requiring hospitalization in excess of 24 hours or evacuation from Vietnam will be awarded the Purple Heart directly by the hospital commander rendering treatment.

CONCLUSIONS:

1.  The applicant’s discharge document does not show the Purple Heart as an authorized award.

2.  His records contain General Orders for two awards of the Purple Heart for wounds sustained on 21 March 1967 in Vietnam.  However, based on the governing regulation, the applicant is only entitled to one award of the Purple Heart.  Based on the foregoing, the Board concludes that the 4th Infantry Division General Orders for award of the Purple Heart is a duplicate order.  Therefore, the applicant is entitled to correction of his DD Form 214 to show one award of the Purple Heart.  

3.  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 that the individual concerned was awarded the Purple Heart for wounds sustained in action on 21 March 1967 in Vietnam by 249th General Hospital General Orders Number 43, dated 3 May 1967.

BOARD VOTE:  

SAC___  MDM____  RKS_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Samuel A. Crumpler__
		        CHAIRPERSON

INDEX

CASE ID	AR2001062380	
SUFFIX		
RECON		
DATE BOARDED	20011213	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	 	
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.