PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:           22 October 1998                   
	DOCKET NUMBER:   AC98-10297

	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. Loren G. Harrell		Director	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Ms. June Hajjar		Chairperson	
	Mr. Fred K. McCoy		Member	
	Ms. Shirley L. Powell		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 award of the Purple Heart and an additional award of the Bronze Star Medal.

3.  The applicant states his DD Form 214 (Report of Transfer or Discharge) does not show the Purple Heart for wounds received in action on 8 June 1970 (right leg wound - shrapnel) or his second award of the Bronze Star Medal.  In support of his application, he submits copies of two orders announcing award of the Bronze Star Medal.  

4.  The applicant’s military records show he was inducted and entered active duty on 18 March 1969.  He served as a light weapons infantryman in Vietnam from 9 April 1970 through 8 February 1971 and was separated in the grade of
E-4 with an honorable discharge on 9 February 1971. 

5.  The applicant’s DD Form 214 does not show the Purple Heart as an authorized award.  His DD Form 214 does show one award of the Bronze Star Medal. 

6.  Standard Form 600 (Chronological Record of Medical Care), dated 10 June 1970, shows the applicant sustained a shrapnel wound to his lower right leg from “friendly action”.  A subsequent entry to the Standard Form 600, dated 10 June 1970, shows “frag wound R tibial area” [fragment wound right tibial area].   

7.  Headquarters, 101st Airborne Division (Airmobile) General Orders Number 90, dated 3 January 1971, shows the applicant was awarded the Bronze Star Medal for meritorious service in connection with ground operations against a hostile force during the period of 1 April 1970 to 31 December 1970.

8.  Headquarters, 101st Airborne Division (Airmobile) General Orders Number 1069, dated 2 February 1971, shows the applicant was awarded the Bronze Star Medal for meritorious service in the Republic of Vietnam during the period of 
1 May 1970 to 31 January 1971.  The Board notes this award overlaps the Bronze Star Medal for meritorious service from 1 April 1970 to 31 December 1970. 

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.  This regulation also provides, in pertinent part, for award of the Purple Heart to individuals wounded or killed as a result of “friendly fire” in the “heat of battle” as long as the “friendly” projectile or agent was released with the full intent of inflicting damage or destroying enemy troops or equipment.

10.  Army Regulation 600-8-22 (Military Awards) states, in pertinent part, that only one decoration will be awarded to an individual for the same act, achievement, or period of meritorious service.

CONCLUSIONS:

1.  Medical evidence of record shows the applicant sustained a fragment wound as a result of “friendly action” on 10 June 1970.  The Board noted the applicant was wounded during the dates of service (1 April 1970 to 31 December 1970) of his first award of the Bronze Star Medal for meritorious service in connection with ground operations against a hostile force.  In view of the foregoing, the Board determined the applicant’s wound was a result of “friendly fire” in the “heat of battle”.  Therefore, he is entitled to correction of his military records to show award of the Purple Heart.

2.  The applicant’s DD Form 214 shows entitlement to one award of the Bronze Star Medal.  Evidence of record shows he received two awards of the Bronze Star Medal for meritorious service.  The two awards for meritorious service are for overlapping dates of service, and as a result, only one of these awards is valid in accordance with Army Regulation 600-8-22, paragraph 1-18a.  The Board determined that the award for the period 1 May 1970 to 31 January 1971 is a more appropriate award for meritorious service than the award for the period 1 April 1970 to 31 December 1970 due to the length of service covered.  Based on the foregoing, the applicant is entitled to only one award of the Bronze Star Medal for meritorious service for the period of 1 May 1970 to 31 January 1971.  Therefore, no correction to his DD Form 214 is required.

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 Purple Heart.

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

BOARD VOTE:  

JH_____  FKM_____  SLP_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON