PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 7 February 2002
         DOCKET NUMBER: AR2001060579


         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. Deyon D. Battle		Analyst

The following members, a quorum, were present:

Mr. Fred N. Eichorn		Chairperson
Ms. Margaret K. Patterson		Member
Mr. Lester Echols		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 discharged in the pay grade of E-5 instead of E-4, and that he was awarded two Purple Hearts and the Army Commendation Medal. He also requests corrections be made to his service medical records.

3. The applicant states that he was in the middle of a war and people and records were being sent to different locations; therefore files were not current. He states that certain annotations made in his Army medical records should not be included because he never complained about those symptoms. He further states that he was awarded a Purple Heart after he received an injury to his hand when he was running to the bunker during a rocket attack and had to close the door on a trailer that had a lot of expensive stuff in it. He goes on to state that he was also awarded the Purple Heart for a wound he received in his left leg. He states that the helicopter that he was in fired two rockets and when the rockets exploded, some of the shrapnel hit him in his leg. In support of his appeal he submits copies of his Army medical records; a copy of Special Orders dated 11 August 1969 that reflect his rank and pay grade as Specialist Five (E-5); and a copy of the certificate awarding him the Army Commendation Medal on 25 October 1969.

4. The applicant’s military records show that he was inducted into the Army at Fort Lewis, Washington, on 15 February 1967. He was honorably discharged on 20 February 1967 for the purpose of immediate reenlistment. On 21 February 1967, he reenlisted in the Army for 3 years in the pay grade of E-1 and he successfully completed his training as a helicopter mechanic.

5. His awards include the National Defense Service Medal, the Vietnam Service Medal and the Vietnam Campaign Medal.

6. He was promoted to the pay grade of E-2 on 18 April 1967 and to E-3 on 7 August 1967. On 7 September 1967, he was transferred to Vietnam and was assigned to the 145^th Aviation Battalion.

7. The applicant’s Army medical records show that on 27 October 1967, he entered the dispensary with blood on his left lower leg. An examination revealed a penetrating wound to his thigh. An x-ray was taken and the results indicated that he had fragments imbedded in his thigh. The fragments were removed and he was placed on bed rest for 48 hours. However, the records fail to show that he was ever awarded the Purple Heart for his fragment wound.

8. On 17 January 1968 he was promoted to the pay grade of E-4.




9. A review of the records shows that Special Orders Number 278 was published on 20 October 1968 awarding the applicant the Aircraft Crewman Badge.

10. On 15 April 1969 (as shown on the actual promotion orders), the applicant was promoted to the pay grade of E-5.

11. His Army medical records show that on 22 September 1969, he was treated again by a physician who removed a small dark object from the palm of the applicant’s right hand. However, the records fails to show that he was injured as a direct result of hostile action by enemy forces or that he was awarded the Purple Heart for his injuries.

12. The applicant was honorably released from active duty on 30 September 1969 and he was transferred to the United States Army Reserve (USAR) Control Group to complete his reserve obligation. However, on 25 October 1969, after his release from active duty, he was awarded the Army Commendation Medal for meritorious service in the Republic of Vietnam during the period October 1968 to September 1969. The DD Form 214 that he was furnished shows that he was released from active duty in the pay grade of E-5. However, the Aircraft Crewman Badge and the Army Commendation Medal failed to be included on his DD Form 214.

13. On 17 January 1973, orders were published honorably discharging the applicant from the USAR effective 1 February 1973, in the rank and pay grade of specialist five (E-5).

14. 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 by a medical officer, and the medical treatment must have been made a matter of official record.

15. Department of the Army (DA) 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 was cited for award of the Vietnam Gallantry Cross with Palm Unit Citation for the period 27 March 1967 to 17 May 1968 by Department of the Army General Order Number 46, dated 1969. It also shows that the unit was awarded the Republic of Vietnam Civil Actions Honor Medal for the period 1 May 1969 to 15 May 1970 by Department of the Army General Order Number 55, dated 1971.

16. The DA Pamphlet 672-3 also lists the campaign participation credits. It shows that the applicant participated in seven designated campaign periods (Vietnam Counteroffensive, Phases III, IV, V &VI; Tet Counteroffensive; Tet 69 Counteroffensive; and Vietnam Summer-Fall).
17. Army Regulation 600-8-22 also provides that bronze service stars are awarded to represent participation in designated campaign periods. During the Vietnam era authorized bronze and silver service stars were affixed to the Vietnam Service Medal. A silver service star is worn instead of five bronze service stars.

18. Army Regulation 670-1, in effect at the time, governs the requirements for the Overseas Service Bar (OSB). In pertinent part, it provides that a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States. There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars. For Vietnam service, one overseas service bar is authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973. Both the month of arrival and the month of departure from Vietnam are counted as whole months for credit toward the Overseas Service Bar.

CONCLUSIONS:

1. The applicant’s medical records do not appear to be in error. Therefore, there is no justification for correcting the information contained therein.

2. The DD Form 214 that he was furnished at the time of his release from active duty and the orders discharging him from the USAR appropriately reflect that he was discharged in the pay grade of E-5. Therefore, there is no basis to address this portion of his request. However, it appears that an error was made during the preparation of the DD Form 214, which resulted in the omission of the Aircraft Crewman Badge.

3. Additionally, he was awarded the Army Commendation Medal for meritorious service on 25 October 1969 and through no fault of his own, it failed to be included on his DD Form 214. He is clearly entitled to both decorations and his DD Form 214 should be corrected accordingly.

4. Inasmuch as the applicant did have a fragment removed from his left thigh while he was in Vietnam during wartime, it is reasonable to presume that his wound was the result of hostile action by enemy forces. It is also reasonable to believe that he is entitled to, and was awarded, at least one Purple Heart. Therefore, his records should be corrected to show that he was awarded the Purple Heart for the wound he received to his left thigh on 27 October 1967.

5. He is also entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, four Overseas Service Bars, and one silver service star and two bronze service stars on his Vietnam Service Medal.

6. 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:

a. by showing that the individual concerned was awarded the Army Commendation Medal and the Aircraft Crewman Badge;

b. by showing that he is entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, four Overseas Service Bars and one silver service star with two bronze service stars on the Vietnam Service Medal; and

c. by showing that he is entitled to the Purple Heart for the fragment wound that he received in his left thigh on 27 October 67, while he was in Vietnam serving in the rank of Private First Class (E-3).

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

BOARD VOTE:

__fe____ __mkp___ __le ____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ______Fred N. Eichorn_____
                  CHAIRPERSON

---

INDEX

CASE ID	AR2001060579
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	2002/02/07
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT PLUS
REVIEW AUTHORITY
ISSUES 1. 46	107.0000
2. 66	107.0020
3. 164	107.0118
4. 61	107.0015
5.
6.