PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 1 November 2001
         DOCKET NUMBER: AR2001059327


         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. Walter Avery, Jr.		Analyst

The following members, a quorum, were present:

Mr. Walter T. Morrison		Chairperson
Mr. Arthur A. Omartian		Member
Mr. Curtis L. Greenway		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, in effect, that his records be corrected to show he was awarded the Bronze Star Medal with “V” device and First Oak Leaf Cluster, the Purple Heart, the Air Crew Wings (correctly known as the Aircraft Crew Member Badge), the Army Service Ribbon, the Combat Medical Badge, the Presidential Unit Citation, and all other authorized awards.

3. The applicant states, in effect, that in August 1968, while in the Republic of Vietnam (RVN) he was struck in the center thoracic back and right buttocks by shrapnel from an enemy rocket. He was not seriously wounded, however he did require medical attention at an aid station and the wound required four or five stitches. He believes this injury qualifies him for award of the Purple Heart. In addition, he says that he served with the Studies and Observation Group, US Military Assistance Command, Vietnam which has been awarded the Presidential Unit Citation (PUC), an award he believes he is also authorized.

4. In support of his request, he submits a copy of the citation awarding the Studies and Observation Group the PUC. He also submits two supporting statements. One from a former senior sergeant states he was the chief medical specialist in the unit at the time the applicant was assigned. He was notified of the applicant’s wounds through normal channels. The unit did not maintain permanent medical records on site. The circumstances of the injury were also told to him by the applicant’s team leader on the operation.

5. The other statement is from the applicant’s former company commander, who states that he did not personally know the applicant. However, he does know the senior sergeant writing the supporting statement and can attest unequivocally that if he states something is fact you “can take it to the bank.” He also reiterated that due to the unit’s mission and location, it would not have been unusual for the applicant or any other soldier to be medically treated and not have the paperwork forwarded to the proper headquarters.

6. The applicant’s military records show he entered active duty on 22 November 1965 and completed training in military occupational specialty (MOS) 11B (infantryman). He was later awarded MOS 91B4S (Medical Specialist – Special Forces). He served in the RVN from April 1968 to November 1968 and was assigned to Detachments B-50 and B-56, 5^th Special Forces Group (Airborne), 1^st Special Forces. He was evacuated due to injury in November 1968. He achieved the rank of sergeant and was separated with an honorable discharge on 15 November 1968.

7. Awards reflected on his DD Form 214 (Armed Forces of US Report of Transfer or Discharge) include the National Defense Service Medal, the Vietnam Service Medal (reflects no service stars), the Bronze Star Medal (BSM), the Purple Heart, the Marksman Qualification Badge for M-14 rifle, the Sharpshooter Qualification Badge for M-16 rifle, and the Vietnamese Parachute Wings.

8. A DA Form 1577 (Authorization For Issuance Of Awards) indicate that he was also issued the Air Medal, the Vietnam Service Medal with three Bronze Service Stars, the Combat Medical Badge (CMB), the RVN Campaign Ribbon with Device (1960), the Parachutist Badge, the Sharpshooter Qualification Badge with Automatic Rifle Bar and the Marksman Qualification Badge with Rifle Bar, which have not been reflected on his separation document.

9. His DA Form 20 (Enlisted Qualification Record) Item 41 (Awards and Decorations) does not list the Purple Heart, but does reflect the following awards: the Parachutist Badge, the National Defense Service Medal, the Vietnam Service Medal, the CMB, the Air Medal, the BSM with “V” Device and First Oak Leaf Cluster, and the Sharpshooter and Marksman Qualification Badges with Rifle Bar. Item 40 (Wounds) contains no entry.

10. On 15 November 1968, the applicant underwent a physical examination for the purpose of separation. The Report of Medical History form reflects the handwritten entries: Nov 68 – Fx “L” fibula RVN and S/P MFW “R” buttocks – RVN Aug 68. The Board interprets these entries to read November 1968, fracture of the left fibula RVN and Status post, multiple fragment wound, right buttocks.

11. On 5 September 1968, General Orders Number 155, were issued and reflect that the applicant was awarded the Air Medal.

12. On 22 October 1968, General Orders Number 1888, were issued awarding the applicant the BSM for meritorious service for the period 12 April 1968 to 14 November 1968.

13. On 11 December 1968, General Orders Number 2116, were issued awarding the applicant the BSM with “V” device and First Oak Leaf Cluster for action on 11 September 1968.

14. There is no indication in the applicant’s personnel records that he was awarded the Good Conduct Medal. There also is no evidence that the applicant was disqualified by his unit commander for award of the Good Conduct Medal. His records show that he received awards for service and valor, and was promoted to sergeant. There is no evidence of derogatory information contained in the available records.




15. DA Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, provides, in pertinent part, that the 5^th Special Forces Group, 1^st Special Forces was awarded the RVN Gallantry Cross with Palm for the period 1 October 1964 to 17 May 1969, and the RVN Civil Actions Honor Medal for the period January 1968 to 24 September 1970.

16. The same pamphlet provides that the US Military Assistance Command, Vietnam, Studies and Observation Group was awarded the Meritorious Unit Commendation (MUC) for the period 1 September 1967 to 31 October 1968. On 22 August 2000, the unit was awarded the PUC for the period 24 January 1964 to 30 April 1972. Detachments B-50 and B-56 are listed among the units, which comprised the Military Assistance Command, Vietnam.

17. Army Regulation 600-8-22 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.

18. The same regulation provides that the Army Service Ribbon was established by the Secretary of the Army on 10 April 1981. The regulation states, in pertinent part, that effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award upon successful completion of initial entry training. The award may be awarded retroactively to those personnel who completed the required training before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.

19. The same regulation provides that the Good Conduct Medal is awarded to soldiers who distinguish themselves by their exemplary conduct, efficiency and fidelity throughout a specified period of continuous enlisted active Federal military service. For the first award only, upon termination of service on or after 27 June 1950 of less than three years but more than one year.

20. The same regulation provides that one bronze service star is authorized for the Vietnam Service Medal for each campaign when assigned for duty with a unit during the period in which it participated in combat, or was under order to such unit in a combat zone. The applicant was assigned during the period in which three campaigns took place.

21. The same regulation provides that the RVN Campaign Medal with Device (1960) is authorized for individuals who have completed a minimum of 60 days in the RVN from 1 March 1961 to 28 March 1973.

22. The same regulation provides that in pertinent part, that the CMB is awarded to medical department personnel (colonel and below) who are assigned or attached to a medical unit of company or smaller size that is organic to an infantry unit of brigade, regimental or smaller size which is engaged in active ground combat. Battle participation credit is not sufficient; the infantry unit must have been in contact with the enemy.

23. This regulation also stated special provisions for award of the CMB during the Vietnam conflict. These provisions permitted award of the CMB to soldiers assigned to a Vietnamese unit engaged in actual ground combat or as a member of a U.S. Army infantry unit of brigade or smaller size including Special Forces Detachments serving with the RVN units engaged in actual ground combat. The special provisions required that the soldier must have been personally present and under hostile fire while assigned as specified.

24. The same regulation provides that the Aircraft Crew Member Badge may be permanently awarded for successful completion of formal advanced individual training in career management field 67 MOS’s.

25. The Army regulation governing military awards at the time in question, provided for temporary and permanent award of the Aircraft Crew Member Badge. The regulation authorized the commander of any unit with Army aircraft assigned to publish orders allowing qualified members of that command to wear the Aircraft Crew Member Badge. To be eligible for temporary award of the Aircraft Crew Member Badge an individual had to be on flying status as a crew chief in the case of crew chiefs, electronic sensor system operators, and flight engineers or as a non-crewmember in the case of observers, medical aidmen, gunners, aircraft maintenance supervisors, or technical inspectors. The regulation also required individuals to be qualified based on a Class III physical examination, and to hold a principal duty assignment as a crew chief, flight engineer, aircraft maintenance supervisor, observer, gunner, or technical inspector. These personnel were authorized to wear the badge temporarily until relieved from their duties or were authorized permanent wear of the Aircraft Crew Member Badge once they had fulfilled the regulatory requirements for permanent award of the badge.

CONCLUSIONS:

1. The Board considered the evidence submitted and that available in the records. The Board gave special consideration to the fact that the Purple Heart is listed on the DD Form 214. However, the Board is aware the errors are made in preparing the DD 214 and could not uncover any documents such as an order, citation or certificate that could have been used as the basis for the Purple Heart entry on the DD Form 214. The Board noted the entry on the separation physical examination medical form referring to multiple fragment wounds. Unfortunately, this entry was based on information provided by the applicant and not first hand information. The evidence available indicates that the applicant was injured twice in the RVN. Those writing supporting letters did not indicate which injury they were referring to and did not indicate if either injury was the result of hostile action, which is a requirement for the Purple Heart. During the applicant’s six months of service in the RVN he was awarded three personal awards. He received one of those awards just one month after the alleged Purple Heart qualifying injury. The applicant did not provide a reasonable explanation as to why there would have been an oversight in awarding him the Purple Heart. Because of their regular use of the award system, the evidence indicates that the applicant’s leadership were most likely familiar with the requirements for the Purple Heart, were aware of his injury, and made a decision that his injury did not warrant the award. Therefore, without substantiating documentation this Board must conclude he is not authorized the Purple Heart.

2. The applicant does not meet the qualification for award of the Aircraft Crew Member Badge. He was not awarded MOS 67, and there is no evidence he qualified on a Class III physical examination or held a principal duty assignment while assigned to an aircraft.

3. The applicant departed the RVN in 1968 and separated from the Regular Army on 22 November 1968, and was not in an Active Army status on or after 1 August 1981. Therefore he is not authorized the award of the Army Service Ribbon.

4. Detachments B-50 and B-56 to whom the applicant was assigned in the RVN were awarded the PUC and MUC; therefore, he is authorized these awards.

5. The applicant’s records reflect that he served honorably during a period of conflict, that he received awards for service and valor and was honorably discharged with no lost time, therefore, the Board concludes that he most likely was qualified for the award of the Good Conduct Medal for the entire period of service from 22 November 1965 to 15 November 1968.

6. The Board notes that the applicant was awarded the BSM with “V” Device and First Oak Leaf Cluster, the Air Medal, the Meritorious Unit Commendation, three Bronze Service Stars to his VSM, the RVN Campaign Medal with Device (1960), the RVN Gallantry Cross with Palm Unit Citation, the RVN Civil Actions Honor Medal, the Parachutist Badge, and the Army Commendation Medal. Therefore, it would be appropriate to add these awards to those shown on his Separation Document.


7. 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:

a. the Good Conduct Medal for the period of 22 November 1965 to 15 November 1968; and

b. the BSM with “V” Device and First Oak Leaf Cluster, the Air Medal, the PUC, the MUC, three Bronze Service Stars to his Vietnam Service Medal, the RVN Campaign Medal with Device (1960), the RVN Gallantry Cross with Palm Unit Citation, the RVN Civil Actions Honor Medal, the Parachutist Badge and the Army Commendation Medal.

BOARD VOTE :

___ aao _ ____ wtm _ ___ clg GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _________Walter T. Morrison __ ___
                  CHAIRPERSON

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INDEX

CASE ID	AR2001059327
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20011101
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.
3.
4.
5.
6.