PROCEEDINGS


         IN THE CASE OF:



         BOARD DATE: 2 May 2002
         DOCKET NUMBER: AR2001061514


         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. Antoinette Farley		Analyst

The following members, a quorum, were present:

Mr. Fred N. Eichorn		Chairperson
Mr. Walter T. Morrision		Member
Mr. Christopher J. Prosser		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 reconsideration of his earlier appeal to correct his military records to show he is entitled to the Air Medal, the Purple Heart, the Presidential Unit Citation, the Meritorious Unit Citation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

3. The applicant states, in effect, that he and a fellow soldier, who was also his ammunition barrier and his assistant gunner completed the same combat missions while serving with the 173^rd Airborne Brigade (RVN) from 30 May
1965 to 29 May 1966. He further claims that the individual received the awards listed above after applying to the Board. In support of his claim he submits extracts from several magazines including: The Infantry, The Professional Magazine for Infantrymen dated March-April 1965, The Observer, an article titled the 173^rd Sky Soldier, undated; articles from un-named publications entitled The Battle of Zulu-Zulu dated October 1994 and Combat Notes: Ben Cat Iron Triangle by Brig Gen Ellis W. Williamson, undated. He also submits a copy of his letter to his National Service Officer dated 10 April 2001 and a copy of his fellow soldier’s Army Board of Correction of Military Records (ABCMR) case (AC98-07960). He further states, if he has not enclosed enough proof, then he is ready to provided any and all documents to show that he is equally qualified for the medals based on his own records.

4. The applicant’s earlier appeal to the Board was closed due to the non-availability of his military records. His military records show that on 3 March 1964, he enlisted in Regular Army for 3 years. He completed basic training, advanced individual training (AIT) in military occupational specialty (MOS) 11B (Light Weapon Infantrymen) on 12 June 1964. In September 1964, he completed additional training as a Squad Leader changing his MOS to 11B4P, he was then transferred to Okinawa for duty until 4 May 1965. On 5 May 1965, he was reassigned for duty to the RVN as a squad Leader with A Company, 2^nd Battalion, 503rd Infantry, 173^rd Airborne Brigade (Separate). On 23 April 1966, he returned to the United States and was assigned to Fort Bragg, North Carolina for duty.

5. On 2 March 1967, he was separated with an honorable characterization of service with 3 years of creditable service and no lost time. The highest rank he attained was sergeant (E-5). He was transferred to the United States Army Reserve (USAR) Control Group (Reinforcement) for completion of his service obligation until 2 March 1970. His conduct and efficiency ratings, following basic combat training, were exclusively excellent throughout his enlistment.

6. His DD Form 214 (Report of Transfer or Discharge), item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) listed the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medical with Device (1960) and the Parachutist Badge.

7. There are no medical records to show that he was treated for a combat wound and the medical history he provided for his 9 February 1967 separation medical examination makes no mention of his having been wounded.

8. The applicant’s DA Form 20 (Enlisted Qualification Record), item
40 (wounds) is blank. In addition, item 41 (Awards and Decorations) shows he was awarded the Expert Qualification Badge with Rifle Bar and the Sharpshooter Qualification Badge with Pistol Bar, but does not show he was issued the Purple Heart, the Air Medal, the Presidential Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Meritorious Unit Citation. The applicant’s name does not appear on the Vietnam Casualty List.

9. A DD Form 215 (Correction to DD Form 214), dated 19 February 2000, was issued to the applicant to include award of the Good Conduct Medal based on orders in the record.

10. The magazine articles provided description of the US Military’s day-to-day participation in the RVN by maneuvering troops by air and ground. In particular, the unit he was assigned the 173^rd Airborne Brigade, was noted to have participated in many of the airmobile operations.

11. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) dated 29 January 1988, lists various awards authorized for units that served in Vietnam. The applicant’s unit received the Presidential Unit Commendation by Department of the Army General Order Number (DAGO) 40, dated 1967, the Meritorious Unit Commendation by DAGO Number 48, dated 1968 and the Republic of Vietnam Gallantry Cross with Palm Unit Citation by DAGO Number 51, dated 1971.

12. Army Regulation 600-8-22 provides that the Vietnam Service Medal is authorized for all members of the armed forces who served in Vietnam or its contiguous waters or airspace during the period 3 July 1965 through
28 March 1973. Service on temporary duty must have been for 30 consecutive days or 60 nonconsecutive days. The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal.

13. The applicant is entitled to two bronze service stars for wear on his Vietnam Service Medal for his participation in the Vietnam Defense Campaign commencing 8 March 1965 and ending 24 December 1965 and the Vietnam Counteroffensive ending 30 June 1966 campaign periods.

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. Army Regulation 600-8-22 provides, in pertinent part, that the Air Medal is awarded in time of war for heroism and for meritorious achievement or service. As with all personal decorations, formal recommendations, approval
through the chain of command, and announcement in orders are required. Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years. There are regulatory provisions for lost recommendations but not for late recommendations, reconsideration, nor for upgrading to a more prestigious award. U.S Army Vietnam (USARV) Regulation 672-1 provided, in pertinent part, guidelines for award of the Air Medal. 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) 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. There was no provision for making the award simply because an aircraft was struck by enemy fire.

CONCLUSIONS:

1. The applicant has failed to provide sufficient proof of his entitlement to award of the Purple Heart. There is no evidence that he was treated for wounds or stained any injuries as the result of enemy action.

2. There is no evidence of record, and the applicant has provided no evidence, which shows that he was entitled and/ or qualified for awarded of the Air Medal.

3. The contention that the fellow soldier’s case is exactly the same because they served together in Vietnam and, therefore, should receive the same awards is unconvincing. Each case is reviewed separately and based on the individual’s military records and supporting documentation.

4. Therefore, based on the applicant’s record the Board concludes that he is entitled to the Presidential Unit Commendation, the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and two bronze service stars for wear on his Vietnam Service Medal.

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5. 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 adding the following awards to item 24 on his DD Form 214 issued to him on 2 March 1967:

a. the Presidential Unit Commendation;

b. the Meritorious Unit Commendation; and

c. two bronze service stars for wear on his Vietnam Service Medal;

d. the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

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

BOARD VOTE:

___FNE __WTM _ _CJP ___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _ Fred N. Eichorn__
                  CHAIRPERSON

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INDEX

CASE ID	AR2001061514
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20020502
TYPE OF DISCHARGE	(HD)
DATE OF DISCHARGE	1967.03.02
DISCHARGE AUTHORITY	AR635-200
DISCHARGE REASON	HD
BOARD DECISION	(GRANT, particle)
REVIEW AUTHORITY	DASA
ISSUES 1.	107.00
2.	107.0013
3.	107.0015
4.	107.0018
5.
6.