PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:          2 October 2003      
	DOCKET NUMBER:  AR2002083031

	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:

	Ms. Kathleen A. Newman		Chairperson	
	Mr. Lester Echols		Member	
	Mr. John T. Meixell		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 of Discharge) to show three awards of the Purple Heart (correctly known as the Purple Heart with Second Oak Leaf Cluster).
 
3.  The applicant states that his DD Form 214 does not show any awards of the Purple Heart.  In support of his application, he submits an award certificate for the Purple Heart for wounds received in action on 12 April 1970.

4.  The applicant’s military records show that he was inducted on 20 February 1969.  He served as an armor reconnaissance specialist assigned to Troop A, 
4th Squadron, 12th Cavalry, 1st Brigade, 5th Infantry Division (Mech) in Vietnam from 3 August 1969 through 2 August 1970 and was released from active duty on 19 February 1971.

5.  The applicant’s DD Form 214 does not show any award of the Purple Heart.

6.  Item 40 (Wounds) on the applicant’s DA Form 20 (Enlisted Qualification Record) shows he was lightly wounded on 6 August 1969 and received a laceration of the left hand.  

7.  The applicant’s service personnel records contain a Western Union Telegram, dated 12 April 1970, which shows the applicant was slightly wounded in action on 12 April 1970 in Vietnam.  This telegram also states the applicant received a laceration of the left hand.
 
8.  The applicant’s records also contain 1st Infantry Brigade, 5th Infantry Division (Mech) General Orders 1521, dated 23 August 1970, which show the applicant was awarded the Purple Heart for wounds sustained on 12 April 1970 in Vietnam.

9.  The Vietnam Casualty Roster shows the applicant was wounded in action on 12 April 1970.

10.  The historical files of Troop A, 4th Squadron, 12th Cavalry, 1st Brigade, 
5th Infantry Division located at the National Archives in College Park, Maryland, failed to identify the applicant as being entitled to more than one award of the Purple Heart.   

11.  Department of the Army General Number Orders 8, 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 
28 March 1973.

12.  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 evidence of record does not support the applicant's contention that he is entitled to three awards of the Purple Heart.  The Western Union Telegram indicates the applicant was slightly wounded on 12 April 1970 and received a laceration of the left hand.  General orders also show the applicant received the Purple Heart for wounds received in action on 12 April 1970.  

2.  The Board reviewed the entry on the applicant’s DA Form 20 which shows he was wounded on 6 August 1969 and received a laceration of the left hand.  It appears that this is the same wound the applicant sustained on 12 April 1970.  In the absence of orders or other evidence of record showing the applicant was wounded as a result of hostile action on 6 August 1969, the Board determined that this entry on the applicant's DA Form 20 is not sufficient as a basis for award of a second Purple Heart.  Therefore, the applicant is entitled to correction of his DD Form 214 to show only one award of the Purple Heart.    

3.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units which served in Vietnam.  This unit award should also be added to the applicant's DD Form 214.

4.  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 the applicant was awarded the Purple Heart and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

2.  That so much of the application as pertains to any additional awards of the Purple Heart be denied.

BOARD VOTE:  

KAN___  LE______  JTM_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_Kathleen A. Newman___
		        CHAIRPERSON

INDEX

CASE ID	AR2002083031	
SUFFIX		
RECON		
DATE BOARDED	20031002	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.0000	
2.	107.0094	
3.		
4.		
5.		
6.