PROCEEDINGS


         IN THE CASE OF:


         BOARD DATE: 25 OCTOBER 2001
         DOCKET NUMBER: AR2001060063


         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. Kenneth H. Aucock		Analyst

The following members, a quorum, were present:

Mr. Raymond J. Wagner		Chairperson
Ms. Kathleen A. Newman		Member
Mr. Ronald E. Blakely		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.

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2. The applicant requests two awards of the Purple Heart in addition to the three that he has been awarded.

3. The applicant states that a VA rating decision and his health records show that he was wounded in action against the enemy on two separate occasions on 5 March 1967, and wounded again on 7 March 1967, 30 April 1967, and 4 May 1967. He states that he received the Purple Heart for the one wound that he received on 5 March, and for the wounds that he received on 30 April and 4 May, but not for the other two wounds.

4. The applicant’s military records show that he entered on active duty on 14 December 1965, trained as an infantryman, and was assigned to an infantry company at Fort Lewis, Washington. In August 1966 he transferred with his unit to Vietnam.

5. The applicant’s medical record shows that he was wounded in action at approximately 1215 hours on 5 March 1967, sustaining a superficial shrapnel wound to his upper right rear shoulder. The piece of shrapnel was removed and he was admitted to the ward. His medical record also shows that he was brought back from the ward at 2040 hours because of a shrapnel wound in the bend of his left leg (knee), the wound was scrubbed and the superficially imbedded piece of shrapnel removed. A 7 March 1967 medical record indicates that the applicant had a fragmentation wound over the right scapula, already debrided. Another record shows that he was admitted to the 36^th Evacuation Hospital on 7 March 1967 and returned to duty, date unknown. However, a clinical record cover sheet indicates that the applicant was wounded in the left leg and the left shoulder, that he was admitted to the 36^th on 7 March 1967 and returned to duty on 12 March 1967. He was recommended for the award of the Purple Heart.

6. Orders were published on 11 March 1967 awarding the applicant the Purple Heart for wounds received in action on 5 March 1967. On 18 June 1967 orders were published awarding the applicant the Purple Heart for wounds received in action on 4 May 1967. On 23 July 1967 orders were published awarding him the Purple Heart for wounds received in action on 30 April 1967.

7. Orders published by the 25^th Infantry Division on 11 August 1967 show that the applicant was awarded the Bronze Star Medal for meritorious service.

8. The 24 October 1967 report of medical history shows that the applicant indicated that he received a back wound and a leg wound on 5 March 1967 and a leg wound on 5 May 1967.

9. The applicant’s DA Form 20 (Enlisted Qualification Record) shows that he received a shrapnel wound to his left shoulder on 5 March 1967, a fragmentation wound to his left arm on 30 April 1967, and a fragmentation wound to his left upper leg on 4 May 1967. That form shows three awards of the Purple Heart.

10. The applicant completed his tour of duty in Vietnam. During his tour in Vietnam the unit to which he was assigned was awarded the Presidential Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Civil Actions Honor Medal First Class Unit Citation. He was assigned to Fort Hood, Texas and released from active duty on 13 December 1967 in the rank of Staff Sergeant. His DD Form 214 shows award of the Purple Heart with two oak leaf clusters and the Combat Infantryman Badge, among others. It does not show award of the Bronze Star Medal or the Good Conduct Medal.

11. A 29 December 1967 VA rating decision indicated that the applicant suffered a superficial shrapnel wound of the right shoulder at approximately noon time on 5 March 1967, that he was treated and returned to duty, and that he was wounded again that evening at approximately 2100 hours with a superficial foreign body in the left leg, which was removed. That decision indicated that he was hospitalized from 7 March 1967 to 12 March 1967 for shrapnel wounds of the left shoulder and left leg. It also indicated that the applicant suffered a wound of the left thigh in April 1967 and of the left middle finger in June 1967.

12. Orders published by Headquarters, 1^st Armored Division on 5 January 1968 show that the applicant was awarded the Good Conduct Medal.

13. Army Regulation 600-8-22 provides 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.

CONCLUSIONS:

1. There is apparent confusion concerning the location of the applicant’s wounds that he received in March of 1967. The applicant was wounded in either the left or right shoulder and the left leg. He was not, however, returned to duty after being treated for his shoulder wound on 5 March, but admitted to a ward. Thereafter, he was again treated, this time for a wound to his left leg. He was evacuated on 7 March 1967 to the 36^th Evacuation Hospital, treated for his wounds, and released on 12 March. The evidence suggests that he received both wounds, either to his right or left shoulder and to his left leg during the same encounter, and not at separate times, notwithstanding the applicant’s contention and that indicated in the VA rating decision. He was not wounded at 2040 hours or approximately 2100 hours (as indicated by the VA rating decision), but treated for his superficial wound to his left leg at that time, a wound that he received concurrently with his shoulder wound earlier that day. The applicant’s DA Form 20 shows that he was wounded on three occasions and that he received three awards of the Purple Heart. In the report of medical history the applicant mentioned three wounds, two received on 5 March, and a leg wound received on 5 May 1967. Although there is some question as to the locations of his wounds, the evidence indicates that he was wounded on three separate occasions for which he has been awarded the Purple Heart. The applicant’s contention that he was wounded five times is not supported by the evidence.

2. The applicant was awarded the Bronze Star Medal and the Good Conduct Medal. Those awards should be reflected on his DD Form 214.

3. The applicant is entitled to award of the Presidential Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Civil Actions Honor Medal First Class Unit Citation. Those awards should be reflected on his DD Form 214.

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 be corrected by showing that the individual concerned was awarded the Bronze Star Medal, the Good Conduct Medal, the Presidential Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Civil Actions Honor Medal First Class Unit Citation.

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

BOARD VOTE:

__RJW__ __KAN __ __REB__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Raymond J. Wagner __
                  CHAIRPERSON

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INDEX

CASE ID	AR2001060063
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20011025
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.	61
3.
4.
5.
6.