PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            03 JUNE 2003                  
	DOCKET NUMBER:   AR2002081736

	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. Gale J. Thomas		Analyst	

  The following members, a quorum, were present:

	Ms. Joann H. Langston		Chairperson	
	Ms. Jennifer L. Prater		Member	
	Mr. Paul M. 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 that his DD Form 214 (Report of Separation from Active Duty) be corrected to show two awards of the Purple Heart. 

3.  The applicant states that the first award was in the spring of 1970 for an injury to his finger, and the second award was in October 1970 for a wound to his face, arm and hand, he is unable to recall the unit he was serving with at the time of his injuries, and states he is receiving a service connected disability for his wounds.  The applicant submits a statement and a copy of his DD Form 214 in support of his request.

4.  The applicant’s military records show that he reenlisted in the Regular Army on 6 May 1969, for a period of 6 years.  He served in Korea from October 1968 to December 1969, and in Vietnam from July 1970 to October 1971.

5.  General Orders 127, dated 29 September 1971 awarded the applicant the Purple Heart for wounds he received in action on 28 September 1971, while serving in Vietnam.

6.  The applicant was honorably discharged on 5 May 1975.  His DD Form 214 indicates he was awarded the National Defense Service Medal, Armed Forces Expeditionary Medal (Korea), the Republic of Vietnam Campaign Medal, the Vietnam Service Medal with 2 Bronze Service Stars, the Vietnam Cross of Gallantry with Palm, the Good Conduct Medal, and the Sharpshooter Qualification Badge for the M-16 Rifle and the M-14 Rifle.  At the time of his discharge the applicant had 6 years, 11 months and 13 days of active service.

7.  The applicant’s name appears on the Vietnam Casually Report once, for wounds received in action on 28 September 1971.

8.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for wounds 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 by a medical officer, and the medical treatment must have been made a matter of official record.

CONCLUSIONS:

1.  The applicant was awarded the Purple Heart for wounds he received in action on 28 September 1971, and his separation document should be corrected to reflect this award.

2.  There is no evidence in the applicant‘s available records that substantiate his claim of being wounded a second time and awarded a second Purple Heart.

3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing the applicant was awarded the Purple Heart for wounds he sustained in action on 28 September 1971.

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

BOARD VOTE:  

__JHL___  ___JLP__  __PMS__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Joann H. Langston______
		        CHAIRPERSON

INDEX

CASE ID	AR2002081736	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20030603	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.