PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            6 February 2003
	DOCKET NUMBER:   AR2002073753

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. James E. Anderholm		Member	
	Ms. Eloise C. Prendergast		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 records be corrected to show that he was awarded the Purple Heart with one oak leaf cluster (OLC).

3.  The applicant states, in effect, that he was awarded two Purple Hearts in Vietnam; however, his report of separation (DD Form 214) only reflects one award.  In support of his application he submits a clinical record cover sheet (DA Form 8-275-3) dated 7 March 1969.

4.  The applicant’s military records show that he enlisted in Atlanta, Georgia on 29 May 1969, for a period of 2 years.  He successfully completed his training and was transferred to Vietnam on 26 October 1968, for duty as a light weapons infantryman.  He was assigned to Company B, 4th Battalion, 3rd Infantry Regiment, 11th Infantry Brigade.  He was advanced to the pay grade of E-3 on 28 October 1968.

5.  On 19 January 1969, a casualty message and Western Union Telefax was dispatched from Vietnam to the applicant's parents informing them that the applicant had received a fragment wound to the head on 18 January 1969, when his base camp came under enemy mortar attack.  He was treated and returned to duty.  He was awarded the Purple Heart for that wound on 20 February 1969 by General Order 1184, published by Headquarters, Americal Division.  He was also advanced to the pay grade of E-4 on 10 February 1969. 

6.  The Clinical Record Cover Sheet provided by the applicant with his application shows that he was admitted to the 312th Evacuation Hospital in Vietnam on 19 February 1969, for heat prostration.  At 0630 hours on 23 February 1969, he sustained fragment wounds to the left knee when the hospital came under an enemy rocket attack.  The applicant's wounds were treated and he was awarded the Purple Heart on 27 February 1969, by General Order Number 23.  The applicant was returned to duty on 10 March 1969. 

7.  The applicant was promoted to the pay grade of E-5 on 17 November 1969 and was honorably released from active duty (REFRAD) on 30 December 1969, as an early overseas returnee.  At the time of his REFRAD, his DD Form 214 did not reflect an award of the Purple Heart.  However, through a previous application to this Board, he was awarded the Purple Heart along with other awards he was authorized to receive.

8.  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 a result of hostile action, that the wound must have required treatment by a medical officer, and that the medical treatment was made a matter of official record.

CONCLUSIONS:

1.  Although the Board has been unable to locate a copy of the order awarding the applicant his second Purple Heart, the Board is convinced that he was in fact awarded the Purple Heart for wounds sustained on 23 February 1969, by the hospital in which he was a patient, when the hospital came under an enemy rocket attack.  

2.  Accordingly, the Board finds that it would be in the interest of justice to correct his records to show that he was awarded the Purple Heart with 1OLC.

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 with 1 OLC.

BOARD VOTE:  

___fe ___  __ecp___  ___ja ___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Fred N. Eichorn_____
		        CHAIRPERSON

INDEX

CASE ID	AR2002073753	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2003/02/06	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  189	110.0000/CORR 214	
2.  61	107.0015/PH1OLC	
3.		
4.		
5.		
6.