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ARMY | BCMR | CY2001 | 2001059615C070421
Original file (2001059615C070421.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 1 November 2001
         DOCKET NUMBER: AR2001059615


         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. Vic Whitney Analyst


The following members, a quorum, were present:

Mr. Walter T. Morrison Chairperson
Mr. Curtis L. Greenway Member
Mr. Arthur 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 his records be corrected to show that he was awarded two Purple Hearts.

3. The applicant states that he was awarded two Purple Hearts. He submits a copy of one Purple Heart order and certificate and a DA Form 1577 (Authorization for Issuance of Awards) that shows that a second award of the Purple Heart was “painted out.”

4. The applicant’s military records show that he was inducted and entered active duty on 22 January 1969. He served in Vietnam from 23 June 1969 to 26 August 1970. He was separated from active duty on 27 August 1970, in the pay grade of E-5. The Purple Heart is not listed as an authorized award on his DD Form 214 (Report of Transfer or Discharge).

5. The General Order that awarded the Purple Heart to the applicant effective 26 February 1970, is in the available records. His DA Form 20 (Qualification Record) also shows that he was wounded on 26 February 1970, but fails to show any other dates of being wounded in action. The Vietnam Casualty Roster also fails to show that he was wounded on any other date.

6. The DA Form 1577 provided by the applicant shows that award code 11 (Purple Heart) was authorized to be issued and a mark in the column for an oak leaf cluster was “painted out” to indicate that a mark had been entered in the wrong column.

7. Army Regulation 600-8-22 provides that the Purple Heart is awarded to an individual who is wounded in action against an enemy of the United States. The wound must have required medical treatment, and the medical treatment must have been made a matter of record.

CONCLUSIONS:

1. The available records clearly show that the applicant was awarded the Purple Heart for wounds received in action on 26 February 1970, and he is entitled to have that award added to his DD Form 214.

2. There is no evidence of record, and no credible evidence provided by the applicant, to show that he is entitled to a second award of the Purple Heart.

3. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.

4. 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 for the individual concerned be corrected by showing that he was awarded the Purple Heart on 26 February 1970.

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

BOARD VOTE:

__wm___ ___cg__ ___ao___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Walter T. Morrison____
                  CHAIRPERSON




INDEX

CASE ID AR2001059615
SUFFIX
RECON
DATE BOARDED 20011101
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT PARTIAL
REVIEW AUTHORITY
ISSUES 1. 107.00
2.
3.
4.
5.
6.


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