IN THE CASE OF:	

		BOARD DATE:	  18 February 2010

		DOCKET NUMBER:  AR20090013988


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests reconsideration of his previous request to correct his records by awarding him an Oak Leaf Cluster (OLC) for his already-awarded Purple Heart.

2.  The applicant states he was wounded twice during separate incidents on the same day.

3.  The applicant provides copies of his medical records.  A Standard Form
(SF) 504 (Clinical Record) states in the History of Present Illness section, "Initially hit in L[eft] leg by American frag[mentation].  Medevac chopper was hit and he received AK-47 wound through pelvis on L[eft side]."

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20080015326 on 4 December 2008.

2.  The applicant provides an SF 504 which indicates he was wounded in the field and then placed on a medical evacuation helicopter.  While en route to the hospital, the helicopter came under fire and he received a gunshot wound.  This document is considered new evidence and requires reconsideration by the Board.

3.  The applicant served in Vietnam from 17 November 1968 to 23 March 1969.  On 5 March 1969, he was wounded and, on 6 March 1969, he was awarded the Purple Heart by the hospital commander.  The applicant never returned to his unit as he was medically evacuated to the United States on or about 23 March 1969.

4.  The original Record of Proceedings stated while the applicant would have been entitled to a Purple Heart with OLC if he was wounded twice on the same day during separate incidents, but there was no evidence to substantiate the applicant's claim.

5.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded to members of the Armed Forces of the United States who have been wounded or killed in any action against an enemy of the United States.  A Purple Heart medal is authorized for the first wound suffered under conditions indicated above, but for each subsequent award an OLC will be awarded to be worn on the medal or ribbon.  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 [emphasis added].

DISCUSSION AND CONCLUSIONS:

1.  The applicant has provided evidence that he was wounded in two separate instances by two separate missiles, forces, explosions, or agents.

2.  The applicant should be awarded an OLC for wear on his already-awarded Purple Heart.

BOARD VOTE:

____X___  ____X___  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant amendment of the ABCMR’s decision in Docket Number AR20080015326, dated 4 December 2008.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

   a.  awarding him an OLC for wear on his already-awarded Purple Heart; and

   b.  correcting his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to reflect the "Purple Heart (1st OLC)."



      _______ _   _X_____   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20090013988



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ABCMR Record of Proceedings (cont)                                         AR20090013988



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