ABCMR Proceedings (cont)                                                        AR2002078739

PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           11 March 2003      
	DOCKET NUMBER:   AR2002078739

	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:

| Mr. Samuel A. Crumpler | | Chairperson
| Mr. Ted S. Kanamine | | Member
| Ms. Shirley Powell | | 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 award of the Purple Heart.

3.  The applicant states, in effect, that he was wounded during an enemy rocket attack on 4 February 1968 in Vietnam.  He contends that he injured his foot during the attack while running bare foot and that his wounds were treated and recorded.  In support of his application, he submits a letter of explanation, dated 8 August 2002 with seven enclosures listed in the letter; a letter, dated 1 August 2002, from the Military Awards Branch; a letter of explanation, dated 19 January 2002; a letter, dated 20 August 2002; and an article titled "Vietnam Studies Medical Support 1965-1970: Aviation Medicine."

4.  The applicant’s military records show that he was inducted on 21 February 1961.  He served as a heavy weapons infantryman and was honorably discharged on 20 February 1963 and transferred to the U.S. Army Reserve  (USAR).  He enlisted on 9 April 1963 for a period of 3 years.  He served as a heavy weapons infantryman in Germany and was honorably discharged on 
15 November 1965 for immediate reenlistment.  

5.  The applicant reenlisted on 16 November 1965 for a period of 3 years.  He served as a heavy weapons infantryman and was honorably discharged on 
10 October 1966 to accept a Warrant Officer appointment.  He was appointed as a Warrant Officer One on 11 October 1966 and ordered to active duty.  He served as a helicopter pilot in Vietnam from 22 May 1967 through 13 May 1968 and was released from active duty on 10 October 1969 in the rank of Chief Warrant Officer Two and transferred to the USAR.  

6.  The applicant's DD Form 214 (Report of Transfer or Discharge) with an effective date of 10 October 1969, which was authenticated in his own hand, does not show the Purple Heart as an authorized award.

7.  There is no evidence in the applicant's service personnel records that he was awarded the Purple Heart or was wounded as a result of hostile action.

8.  Item 21 (Awards and Decorations) on the applicant's DA Form 66 (Officer Qualification Record) does not show entitlement to the Purple Heart.

9.  The applicant's name does not appear on the Vietnam Casualty Roster.

10.  Evidence of record shows that on 26 June 1969 the applicant underwent a separation physical examination which makes no mention of any wounds sustained as a result of hostile action. 

11.  In support of his application, the applicant provided a Standard Form 600 (Chronological Record of Medical Care), dated 14 February 1968.  This medical record shows the applicant was treated for a "stubbed toe."  There is no evidence that this injury was the result of hostile fire.

12.  The 17th Assault Helicopter Company Unit History provided by the applicant describes several combat situations in Vietnam during the period 1 May 1967 to 
8 February 1968.  However, this unit history does not show that the applicant was wounded by hostile action.

13.  The applicant also provided an eyewitness statement, dated 16 May 2002, from a Warrant Officer helicopter pilot assigned to the 17th Assault Helicopter Company at the time in question.  This soldier attests that in February 1968, during an incoming artillery attack, the applicant tripped over a tent stake or some construction rubble and injured his foot badly enough that he was taken off the flight roster for almost a week.

14.  The applicant's DD Form 214 with an effective date of 10 October 1969 shows the Vietnam Service Medal as an authorized award.  His records show that he participated in three campaigns during his assignment in Vietnam.

15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows the unit, to which the applicant was assigned, the 17th Aviation Company, was cited for award of the Meritorious Unit Commendation for actions during the period 22 February 1967 to 17 May 1968 by Department of the Army General Orders Number 21, dated 1969.  The applicant’s unit, the 240th Aviation Company, was also cited for the Meritorious Unit Commendation for actions during the period 25 May to 31 December 1967 by Department of the Army General Orders Number 37, dated 1970.  These awards are not shown on the applicant's DD Form 214 with an effective date of 10 October 1969.

16.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 51, dated 1971.  This award is not shown on the applicant's DD Form 214 with an effective date of 10 October 1969.

17.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) also shows the applicant is entitled to award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 59, dated 1969.  This award is not shown on his DD Form 214 with an effective date of 10 October 1969.

18.  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.

19.  Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.

CONCLUSIONS:

1.  The Board noted the applicant's contention that he was wounded during an enemy rocket attack on 4 February 1968 in Vietnam.  The Board also considered the applicant's contention that his foot wound was treated and recorded.  

2.  There is no evidence in the applicant's service personnel records which shows that he was wounded or injured as a result of hostile action in Vietnam.

3.  The medical evidence of record provided by the applicant states that he was treated for a "stubbed toe."  There is no evidence that this injury was the result of hostile action.

4.  The Board also considered the eyewitness statement provided in support of the applicant's claim for award of the Purple Heart.  However, this statement, made almost 34 years after the fact, is not sufficient by itself as a basis for award of the Purple Heart, in view of evidence of record which shows the applicant was not wounded.  

5.  Therefore, the Board determined that there is insufficient evidence on which to base award of the Purple Heart in this case.      

6.  The applicant’s DD Form 214 with an effective date of 10 October 1969 shows the Vietnam Service Medal as an authorized award.  However, evidence of record shows the applicant participated in three campaigns during his assignment in Vietnam which are not correctly shown by award of three bronze service stars for wear on his Vietnam Service Medal.  Therefore, in accordance with the governing regulation, the applicant is entitled to the Vietnam Service Medal with three bronze service stars and correction of his DD Form 214 with an effective date of 10 October 1969 to show these awards.   

7.  The applicant's unit received two awards of the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation 

and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it.  Therefore, the applicant is entitled to correction of his DD Form 214 with an effective date of 10 October 1969 to show these unit awards. 

8.  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 that the individual concerned was awarded the Vietnam Service Medal with three bronze service stars, two awards of the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation on his DD Form 214 with an effective date of 10 October 1969.  

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

BOARD VOTE:  

SAC____  TSK___  SP______  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_Samuel A. Crumpler_____
		        CHAIRPERSON

INDEX

CASE ID | AR2002078739
SUFFIX |
RECON |
DATE BOARDED | 20030311
TYPE OF DISCHARGE |
DATE OF DISCHARGE |
DISCHARGE AUTHORITY |
DISCHARGE REASON |
BOARD DECISION | GRANT
REVIEW AUTHORITY |
ISSUES         1. | 107.0015
2. | 107.0000
3. |
4. |
5. |
6. |