PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           1 October 2002
	DOCKET NUMBER:   AR2002074713

	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. William Blakely		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Ms. Margaret K. Patterson		Member	
	Mr. Arthur A. Omartian		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, in effect, that he be awarded the Purple Heart (PH) First (1st) Oak Leaf Cluster (OLC). 

3.  The applicant states, in effect, that he was wounded in the Republic of Vietnam (RVN) on two separate occasions, and would now like to receive the second PH he is entitled to.  In support of his application, he submits copies of orders awarding him the Distinguished Flying Cross, Silver Star, and PH.  He also provides a copy of his separation document (DD Form 214).  

4.  The applicant’s military records show that on 30 November 1982, he was honorably released from active duty (REFRAD), for the purpose of retirement, after completing 20 years, 1 month, and 29 days of active military service. 

5.  The DD Form 214 issued to and authenticated by the applicant with his signature on the date of his separation confirms that he held the rank and pay grade of lieutenant colonel (LTC/05) on the date he was separated.  It also shows that during his active duty tenure, he earned the following awards: National Defense Service Medal; Vietnam Service Medal with 3 bronze service stars; RVN Campaign Medal with 60 Device; RVN Cross of Gallantry with Palm; RVN Cross of Gallantry with Silver Star; Bronze Star Medal; Army Commendation Medal 2nd OLC; Meritorious Service Medal; Legion of Merit; Air Medal 32nd Award; Good Conduct Medal; Master Aviator Badge; Silver Star; Meritorious Unit Commendation; Presidential Unit Citation; Armed Forces Expeditionary Medal; Distinguished Flying Cross 1st OLC; Valorous Unit Award; Purple Heart; Distinguished Service Cross; Senior Army Aviator Badge; Army Service Ribbon; and Overseas Service Ribbon. 

6.  The record shows that applicant was awarded the PH for wounds received in connection with military operations against a hostile force on 17 December 1967. This award was authorized by General Orders Number 410, dated 29 January 1968, issued by Headquarters, 1st Aviation Brigade, RVN.  The wounds for which he received this award of the PH were incurred during an engagement that also resulted in the applicant earning the Distinguished Flying Cross for his demonstrated heroism while participating in aerial flight.  This award was authorized by General Orders Number 695, dated 13 February 1968, issued by Headquarters, 1st Aviation Brigade, RVN.

7.  The applicant also earned the Silver Star for gallantry in action while engaged in military operations against an armed hostile force on 26 December 1967.  This award was authorized by General Orders Number 1193, dated 6 March 1968, issued by Headquarters, 1st Aviation Brigade, RVN.  The citation supporting award of the Silver Star contained in the reason section of these orders states, in pertinent part, that the applicant was wounded in the leg by a enemy round that ripped through the cockpit of his aircraft.  However, the record contains no indication that he was ever awarded the PH 1st OLC for this wound he received in action.  

8.  In the processing of this case a staff member of the Board reviewed the Department of the Army (DA) Vietnam Casualty Roster and the applicant’s name does not appear on the roster.

9.  Army Regulation 600-8-22 prescribes the policy for the Army awards program. Paragraph 2-8 contains the policy for awarding the PH and it states, in pertinent part, that the PH 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. 

10.  Paragraph 2-8b(1) states, in pertinent part, that the PH is authorized for the first wound suffered, 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.

CONCLUSIONS:

1.  The Board notes the applicant’s contention that he should be awarded the PH (1st OLC) and finds this claim has merit.  By regulation, in order to award the PH a member must have been wounded in action, must have been treated for the wound by military medical personnel, and this treatment must have been made a matter of official record.  For each subsequent award of the PH will be made for more than one wound or injury not received at the same instant or from the same missile, force, explosion, or agent

2.  The evidence of record confirms that the applicant was awarded the PH for wounds received on 17 December 1967.  In addition, the orders awarding the applicant the Silver Star for gallantry in action while engaged in military operations against an armed hostile force on 26 December 1967, confirms that he was wounded in action on this second separate occasion.  

3.  The citation contained in the applicant’s Silver Star orders, which explains the reason he received the award states, in pertinent part, that the applicant was wounded in the leg by an enemy round that ripped through the cockpit of his aircraft.  Therefore, the Board concludes that the applicant is entitled to the PH 1st OLC for being wounded in action on 26 December 1967, while serving as a captain in the RVN.  

4.  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 for the individual concerned be corrected by awarding him the Purple Heart, for being wounded in action on 26 December 1967, while serving as a captain in the RVN; and providing him a corrected separation document that reflects this award. 

BOARD VOTE:  

__RVO__  __MKP  _  __AAO __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Raymond V. O’Connor, Jr.  _
		          CHAIRPERSON

INDEX

CASE ID	AR2002074713	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/10/01	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	FULL GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.