PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           16 May 2000                  
	DOCKET NUMBER:   AR1999033899

	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. Arthur A. Omartian		Chairperson	
	Mr. Van B. Cunningham		Member	
	Mr. Lestor Echols		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 two additional awards of the Purple Heart. 

3.  The applicant states that he was wounded three times in Vietnam.  He also contends that his discharge document only shows one award of the Purple Heart. In support of his application, he submits a VA Rating Decision, dated 11 August 1975.

4.  The applicant’s military records show that he enlisted on 8 March 1965 for a period of 3 years.  He served as an infantry indirect fire crewman in Vietnam from 24 December 1965 through 10 September 1966 and was honorably discharged on 3 January 1968.

5.  The applicant’s DD Form 214, which was authenticated in his own hand, shows one award of the Purple Heart as an authorized award. 

6.  Item 40 (Wounds) on the applicant’s DA Form 20 (Enlisted Qualification Record) shows he sustained fragment wounds in his left leg and buttocks on
11 April 1966.  

7.  The applicant’s personnel records contain a copy of Headquarters, 
85th Evacuation Hospital (SMBL) General Orders Number 82, dated 27 August 1966, which shows he was awarded the Purple Heart for wounds sustained on 21 August 1966.

8.  There is no evidence in the applicant’s personnel records which shows he was wounded a third time as a result of hostile action in Vietnam.    

9.  The applicant provided a VA Rating Decision, dated 11 August 1975, which indicates he was wounded on three occasions in Vietnam.  The Rating Decision also shows that he was rated 40% for gunshot wound through right thigh, point of entry and left buttock point of exit; 10% for gunshot wound left knee; and 0% for gunshot wound left upper arm.   

10.  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 bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart.

CONCLUSIONS:

1.  The applicant’s DD Form 214 shows one award of the Purple Heart. 
2.  The Board noted the applicant’s contention that he was wounded three times in Vietnam and the VA Rating Decision provided with his application.  However, evidence of record shows the applicant was wounded on two occasions in Vietnam.  Therefore, the applicant is entitled to correction of his military records to show two awards of the Purple Heart (correctly known as the Purple Heart (First Oak Leaf Cluster)).

3.  In view of the foregoing findings and conclusions, it would be appropriate to correct the 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 (First Oak Leaf Cluster). 

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

BOARD VOTE:  

AAO____  VBC____  LE______  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Arthur A. Omartian____
		        CHAIRPERSON

INDEX

CASE ID	AR1999033899	
SUFFIX		
RECON		
DATE BOARDED	20000516	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19680103	
DISCHARGE AUTHORITY	AR 635-200  	
DISCHARGE REASON	To enter or return to college university or equivalent education institution	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.