PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 6 June 2002
         DOCKET NUMBER: AR2001063776


         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:

Mr. Stanley Kelley		Chairperson
Mr. John T. Meixell		Member
Mr. Thomas E. O'Shaughnessy, Jr.		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 states that, on 21 September 1967, he was injured in a helicopter crash that was the result of sabotage and that another soldier, R____ F____, who was also injured, received the Purple Heart.

4. The applicant’s military records show that he was inducted on 1 March 1966. He completed training as a helicopter mechanic, joined the 189^th Aviation Company in September 1966, where he was designated a non-aviation aircrew member on 1 March 1967, and qualified as a Sharpshooter with the M-16 rifle. He was transferred to Vietnam with the unit on 5 May 1967.

5. The applicant was awarded the Soldier's Medal for risking his life to rescue the aircraft commander and pilot when his helicopter crashed on 21 September 1967. A search of the unit historical records at the National Archives, College Park, Maryland revealed no indication that the aircraft was downed as the result of enemy action. The orders were not contained in the available records. A copy was obtained and the citation notes, "For heroism not involving actual conflict with an armed enemy force…."

6. The applicant was awarded the Army Commendation Medal with "V" device for heroism in defending the base on 25 January 1968 and his records contain orders awarding him the Air Medal with first through seventh Oak Leaf Clusters.

7. He left Vietnam on 20 February 1968 and was separated early as an overseas returnee. On 22 February 1968 the applicant was released from active duty with an honorable characterization of service and transferred to the Army Reserve. His conduct and efficiency ratings had been excellent throughout his enlistment. His DD Form 214 (Report of Transfer or Discharge) lists his authorized awards as the Air Medal with Fourth Oak Leaf Cluster, the National Defense Service Medal, the Vietnam Service Medal, and the Sharpshooter Qualification Badge (M-14).

8. Army Regulation 600-8-22 provides that the Purple Heart is awarded for a wound sustained while in action against the 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.

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9. Army Regulation 600-8-22 also provides that the Soldier's Medal is awarded for distinguished heroism not involving actual conflict with the enemy. The same degree of heroism is required as for award of the Distinguished Flying Cross.
The performance must have involved personal hazard or danger and the voluntary risk of life under conditions not involving conflict with an armed enemy. Awards of the Soldier’s Medal will not be made solely on the basis of having saved a life.

10. Army Regulation 600-8-22 provides, in pertinent part, that the Air Medal is awarded in time of war for heroism, for meritorious achievement and for meritorious service (sustained operations). Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards. The numeral 2 denotes the second award.

11. The regulation also provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service. A record of punishment is not automatically disqualifying. At that time, a single conduct or efficiency rating of less than excellent was disqualifying. However a “Good” academic mark in a service school was not disqualifying.

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 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 Counteroffensive, ending 30 June 1966; Counteroffensive Phase II, ending 31 May 1967.

13. Army Regulation 600-8-22, provides in pertinent part, that an Aircraft Crew Member Badge may be awarded by any commander of a unit with aircraft assigned to individuals in a flying status as crewmembers and to non-crewmembers who hold principal assignments as observers, medical aidmen, gunners, maintenance supervisors or technical inspectors.

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14. Army Regulation 600-8-22 also provides, in pertinent part, for award of the Vietnam Campaign Medal. The Government of the Republic of Vietnam (RVN)
awarded this medal to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973. Qualifying service included assignment in Vietnam for 6 months or more and contributions in direct combat support to the RVN Armed Forces.

15. 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.

CONCLUSIONS:

1. There is no evidence of record that the applicant was treated for a wound sustained in action against the enemy or as the result of enemy action. Furthermore, the applicant was awarded the Soldier's Medal for his actions on 21 September 1967 and the qualifying criteria for the Soldier's Medal and the Purple Heart are mutually exclusive.

2. The applicant distinguished himself during a qualifying period as evidenced by his personal decorations, and his excellent conduct and efficiency ratings. He should be awarded the Good Conduct Medal for the period 1 March 1966 through 22 February 1968, which should be listed on his DD Form 214.

3. The applicant is entitled to several other awards that are not listed on his DD Form 214. These include the Soldier's Medal, the Air Medal with numeral "8", the Army Commendation Medal with "V" device, the Vietnam Service Medal with 2 bronze service stars, the RVN Gallantry Cross with Palm Unit Citation, the Vietnam Campaign Medal, the Aircraft Crew Member Badge, and the Sharpshooter Qualification Badge with Rifle Bar.

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

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RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by showing that the individual concerned is authorized the Soldier's Medal, the Air Medal with numeral "8", the Army Commendation Medal with "V" device, the Good Conduct Medal, the National Defense Service Medal, the Vietnam Service Medal with 2 bronze service stars, the RVN Gallantry Cross with Palm Unit Citation, the Vietnam Campaign Medal, the Aircraft Crew Member Badge, and the Sharpshooter Qualification Badge with Rifle Bar.

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

BOARD VOTE:

___SK__ _JTM____ ___TEO_ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __ _Stanley Kelley__
                  CHAIRPERSON

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INDEX

CASE ID	AR2001063776
SUFFIX
RECON
DATE BOARDED	20020606
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.
2.
3.
4.
5.
6.