PROCEEDINGS


         IN THE CASE OF:
        


         BOARD DATE: 18 June 2002
         DOCKET NUMBER: AR2001061405


         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. W. W. Osborn, Jr.		Analyst

The following members, a quorum, were present:

Ms. Karol A. Kennedy		Chairperson
Mr. Melvin H. Meyer		Member
Mr. Allen L. Raub		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 that he be awarded the Purple Heart.

3. The applicant's December 1999 case was administratively closed because no service records could be located. The present case results from an inquiry from a member of congress. The applicant also indicated to the Congressman that he was entitled to the Distinguished Service Medal and the Silver Star, but he provided no details.

4. The applicant stated that, on at least five occasions, he was treated for wounds from fragments. In support of his request he submitted five statements from comrades-in-arms and copies of orders to show that one of them was with him on 10 September 1970 when he received the Distinguished Flying Cross for heroism. The applicant had previously written that he actually received the medal but that it was mistakenly designated a posthumous award.

5. The applicant’s military records show that he was a warrant officer and a helicopter gunship pilot in Vietnam from January 1970 to December 1970 with the 240^th Aviation Company (Assault Helicopter). His available military records are a reconstruction and are severely limited. The only service medical records available are the report of his February 1982 physical examination for appointment in the Army National Guard and the medical history he provided for that physical examination.

6. On 21 December 1970, the applicant was separated with an honorable characterization of service and transferred to the Army Reserve (USAR) Control Group (Annual Training). His DD Form 214 (Report of Transfer or Discharge) shows his authorized awards as the Bronze Star Medal, the Air Medal, the Army Commendation Medal, the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam (RVN) Gallantry Cross with Silver Star, the RVN Campaign Medal, and the Army Aviator Badge.

7. The applicant's reconstructed record also contain copies of General Orders Number 831, Headquarters 1^st. Aviation Brigade dated 4 February awarding him the Distinguished Flying Cross for heroism on 10 September 1970 This award has been added to his DD Form 214 by the issuance of a DD Form 215 (Correction).

8. The submitted statements from his comrades-in arms are as follows:
        
         a. Mr. W____ R. C____ states that the applicant was wounded on the face in February 1970, on the right hand in April 1970, sustained numerous cuts and bruises about the face and arms during a check-ride in June or July and shrapnel wounds to the legs in September 1970.

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         b. An unsigned statement from R____ T. C____, who identified himself as a helicopter crew chief, states that he took a direct interest in the applicant's check-ride because the applicant was slated to become his aircraft's commander. In June 1970, during that check-ride, the applicant was wounded by fragments to the face when the aircraft came under small arms fire. He also reports that, in September 1970, the applicant was wounded in both legs and sustained a broken ankle.

         c. Mr. J____ J. T____, relates a similar but significantly more detailed account about the applicant being wounded on his check-ride. He also states that he received the Air Medal with "V" during the same mission that earned the applicant the Distinguished Flying Cross and that, at that time, the applicant sustained fragment wounds to both legs and a fractured right ankle.

         d. A retired sergeant first class (SFC) writes that he was the unit's awards and decorations noncommissioned officer until May 1970. He reports that the applicant's aircraft was shot down on or about 21 February 1970, and that the applicant sustained a fractured left cheek bone and fragment wounds to the face, and that in April he was wounded on the left little finger.

         e. A fifth individual, G____ M. R____, states that he and the applicant were roommates, fellow attack helicopter pilots and that they shared many, many missions. He states that he can verify any instance in which the applicant claims to have been wounded.

9. The applicant's name does not appear on the Vietnam casualty list. No mention was made of any of the above-described wounds in either the medical history he provided for his February 1982 physical or in the report of the examination. The citation for the Distinguished Flying Cross does not mention that the applicant was wounded.

10. A search of the historical files of the applicant's unit failed to produce any evidence to substantiate his request.

11. Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound sustained in action against an enemy or 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.

12. Army Regulation 600-8-22 also authorizes a bronze service star, based on qualifying service, for each designated campaign listed in Appendix B of the regulation and states that authorized bronze service stars will be worn on the

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appropriate campaign or service medal. A silver service star is authorized in lieu of five bronze service stars. The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal. These include: Vietnam Winter-Spring 1970; ending on 30 April 1970; Sanctuary Counteroffensive 1970 ending on 30 June 1970; and Counteroffensive Phase VII, ending on 30 June 1971.

13. 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, was cited for award of the RVN Civil Actions Honor Medal First Class Unit Citation for the period 1 May 1969 to 15 May 1970.

14. Department of the Army General Orders 8 of 1974 awarded the RVN Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army, Vietnam and subordinate units for the period 20 July 1965 to 28 March 1973.

15. U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided, in pertinent part, guidelines for award of the Air Medal. It established that passenger personnel who did not participate in an air assault were not eligible for the award based upon sustained operations. It defined terms and provided guidelines for the award based upon the number and types of missions or hours. Twenty-five Category I missions (air assault and equally dangerous missions) and accrual of a minimum of 25 hours of flight time while engaged in Category I missions was the standard established for which sustained operations were deemed worthy of recognition by an award of the Air Medal. However, the regulation was clear that these guidelines were considered only a departure point. Nothing created an entitlement to the award.

16. In cases involving soldiers who probably qualified for more awards of the Air Medal than are indicated in the available records this Board normally attempts to extrapolate from information in the unit's general orders to arrive at a reasonable approximation of the Air Medals actually earned. Unfortunately this proved unsuccessful in this instance.

16. There is no available evidence that the applicant was ever awarded or recommended for an award of the Silver Star or the Distinguished Service Cross. Section 1130, Title 10, United States Code provides that the Service concerned will review a proposal for the award of, or upgrading of, a decoration that would not otherwise be authorized to be awarded based upon time limitations previously established by law. Requests for consideration of awards should be

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supported by sworn affidavits, eyewitness statements, certificates and related documents. Corroborating evidence is best provided by commanders, leaders and fellow comrades who had personal knowledge of the circumstances and events relative to the request. A request for award not previously submitted in a timely fashion will only be considered under this provision if the request has been referred to the Service Secretary from a Member of Congress. The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rests with the requester. A DA Form 638 (Recommendation for Award) must be submitted to the Military Awards Branch, TAPC-PDO-PA, 200 Stovall Street, Suite 3567, Alexandria, Virginia 22332-0471. The unit, the period of assignment, and the award being recommended must be clearly identified. A narrative of the actions or period or event for which recognition is requested must accompany the DA Form 638. Requests for consideration of awards should be supported by sworn affidavits, eyewitness statements, certificates and related documents. Commanders, leaders and fellow comrades who have personal knowledge of the circumstances and events relative to the request can best provide corroborating evidence is best provided by.

CONCLUSIONS:

1. There is no evidence in the official records that the applicant was treated for a wound sustained while in action against the enemy or as the result of enemy action.

2. The applicant's contentions and the support of his comrades-in-arms is noted. However, there is no evidence of record that the applicant was treated for a wound that was sustained while in action against the enemy or as the result of enemy action. Those unsworn statements make no mention of treatment and are insufficient in this case to overcome the regulatory requirement that there be a record of treatment.

3. He has been authorized the RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal First Class Unit Citation and these should be shown on his DD Form 214.

4. The applicant is entitled to three bronze service stars for wear on the Vietnam Service Medal.

5. If the applicant has any records that reflect his combat flight records, he may submit them with a new application.

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6. With support from a Member of Congress, he may apply to the Military Awards Branch for award of the Silver Star and the Distinguished Service Cross.

6. In view of the foregoing findings and conclusions, correcting the applicant’s records as recommended below will correct errors.

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by showing that, in addition to the awards shown on his DD Form 214, his authorized awards include the RVN Gallantry Cross with Palm Unit Citation, the RVN Civil Actions Honor Medal First Class Unit Citation and three bronze service stars for wear on the Vietnam Service Medal.

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

BOARD VOTE:

_KAK___ __MHM__ __ALR__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION





                  _ Karol A. Kennedy____
                  CHAIRPERSON

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INDEX

CASE ID	AR2001061405
SUFFIX
RECON
DATE BOARDED	20020618
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	107.00
2.
3.
4.
5.
6.